13516. Adulteration   and   misbranding   of   coffee.     TJ.   S.   v.   100   Pounds   of
Coffee.    Default decree of condemnation and forfeiture.    Product 
ordered  delivered %o  charitable  institution  or  destroyed.     (F.  &
D. No. 19887.    I. S. No. 163S0-V.    S. No. E-5166.)
On March 11, 1925, the United States attorney for the Southern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 100 pounds of coffee, remaining in the original unbroken pack- 
ages at Macon, Ga., alleging that the article had been shipped by the Private 
Estate Coffee Co., from New York, N. Y., on or about February 18, 1925, and 
transported from the State of New York into the State of Georgia, and charging 
adulteration and misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: (Fibre case) "From Private Estate Coffee 
Company, New York." The bags containing the article had the statement " 1!> 
oz. Net" stamped on the bottom thereof and the statement in very small incon- 
spicuous type " Coffee & Chicory."
Adiilteration of the article was alleged in the libel for the reason that sub- 
stances, cereal and chicory, had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been sub- 
stituted wholly and in part for the said article.
Misbranding was alleged for the reason that the designation " Coffee & 
Chicory," borne on the bags containing the article, was false and misleading and 
deceived and misled the purchaser, for the further reason that the article was 
offered for sale under the distinctive name of another article, and for the fur- 
ther reason that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On June 25. 1925, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to a charitable institution if found not deleterious 
to health, or if such fact could not be established that it be destroyed by the 
United States marshal.
It. W. DUNLAP, Acting Secretary of Agriculture,