17445. Misbranding of Health coffee. U. S. v. 20 Dozen Small-Sized Cans, et al., of Health Coffee. Default decree entered. Product ad- judged misbranded. Ordered destroyed. (F. & D. No. 24333. I. S. No. 07173. S. No. 2522.) Samples of Health coffee having been found to contain appreciable quantities of tannin and caffeine, and to bear in the labeling certain curative and thera- peutic claims which were not justified by its composition, the Secretary of Agri- culture reported the facts to the United States attorney for the Southern Dis- trict of California. On December 17, 1929, the United States attorney filed in the District Court of the United States for said district a libel praying seizure and condemnation of 20 dozen small-sized cans and 2 dozen large-sized cans of Health coffee, remaining in the original unbroken packages at Los Angeles, Calif., consigned by the Blanke Health Coffee & Tea Co., St. Louis, Mo., alleging that the article had been shipped in interstate commerce from the State of Missouri into the State of California, in various consignments, on or about March 4, March 5, March 7, and September 8, 1929, respectively, and that it was misbranded in violation of the food and drugs act as amended. The article was labeled in part: " Blanke's Refined Health Coffee * * * Blanke Health Coffee & Tea Corp'n., St. Louis." It was alleged in the libel that the article was misbranded in violation of section 8 of said act, general paragraph, and paragraphs 2 and 4, under food, in that the following statements appearing on the can label and in the ac- companying circular were false and misleading and deceived and misled the purchaser: (Labels) "All Toxic Properties have been Practically Eliminated * * * Contains no Appreciable Quantity of Caffeine nor Tannic Acid;" (circulars) "Caffeine reduced approximately 90% Free Tannic Acid prac- tically eliminated * * * Caffeine has been materially reduced and Free Tannic Acid practically eliminated * * * The Medical Fraternity has for time immemorial told their patients to abstain from Coffee * * * There has always been good reason for this, not alone for the harm that exists in Coffee and in two of its main constituents, namely, Caffeine and Tannic Acid, but also the abuse given coffee * * * in its preparation for the table, which increases the danger of these harmful constituents, by irritation to the stomach as well as harm to the general health. * * * without any of the ill effects * * * but the tannic acid and the caffeine are very objectionable and try- ing to the chilled stomach * * * Its lessened caffeine means that it can be prescribed without the usual restlessness, sleeplessness and other ill effects associated with regular coffee drinking * * * More recent investigation has convinced many doctors, however, that the tannic acid, and not the caffeine, is the real culprit in coffee. As evidence, what doctor will include tannic acid in his prescriptions, but you know how commonly caffeine is included. * * * We quote a physician who wrote recently: ' Some one once said that the caffeine in coffee was injurious and from that day the statement has been re- peated by even men of scientific professions, until it has been accepted as fact; but the real truth determined by men who have investigated, by men who have studied and are capable of giving expert opinion relating to coffee, is that it is not caffeine which is so detrimental to human health but that the tannic acid is the real culprit. * * * When ordinary coffee is taken into the stomach the tannic acid which is an astringent, brings almost the same action as a green persimmon when taken into the mouth. The astringent closes the openings of the hydrochloric acid and pepsin glands, and the food therefore can not be digested properly, as the closing of those glands prohibits the mix- ing of the stomach digestants, and the only solvent would be the coffee itself, a poor substitute. The food when not properly digested, ferments rapidly, liberating gases and thereby producing all the symptoms of acute indigestion with its attendant headache, belching of gas, heart involvements, etc. In your Health Coffee with this poisoning element eliminated * * * there- can be no such reaction on the digestive process.' * * * Health Coffee * * * which weakest stomachs can retain * * * for the toxic proper- ties are practically eliminated * * * And since the tannic acid is almost entirely eliminated, there will be no indigestion and other distressing results- after drinking it. Also the reduction of caffeine means that you'll suffer no nervousness or sleeplessness, whether you drink it late or early. * * * the principal one being that since the tannic acid is removed from the coffee * * * there will be no indigestion nor other accompanying distress after drinking Blanke's Health Coffee * * * Another reason is that your heart action and blood-pressure will not be increased, since the caffeine in the coffee * * * have been largely removed. With these harmful elements removed, however, * * * Health Coffee * * * does not have any tannic acid in it because it does not affect my stomach. And it does not interfere with, my sleeping and no matter when I drink it. * * * Because of the harmful tannic acid in caffeine in ordinary coffee my children have been cautioned at school never to drink it. We mothers, too, have realized that the youthful nervous system is jangled out of tune by the caffeine in ordinary coffee and that youthful stomachs are very often seriously affected by the tannic acid. With Blanke's Health Coffee, from which practically all tannic acid has- been eliminated and the caffeine considerably reduced, I can give my children- coffee at every meal and as much as they want without fear of ill effect." It was further alleged in the libel that the article was misbranded in violation, of section 8, paragraph 3, under drugs in that the following statements, regard- ing the curative and therapeutic effects of the article, appearing in the labeling; were false and fraudulent, since it contained no ingredient or combination- of ingredients capable of producing the effects claimed: (Labels) " Health Coffee;" (circulars) "If you are interested in your own Health-and want to remain healthy * * * Health Coffee [various places] * * * but also- very much more healthful * * * Blanke's Refined Health Coffee is in- dicated in various nervous disorders, and as a palliative is quickly apparent in light, nervous headaches, and even in sick headaches not caused by the pres- ence of offending matter in the stomach. * * * I know they helped you, make a speedy recovery and now that you have your good health again * * * Last but not least is the Health feature. This is of value to every person but to some persons who find regular coffee * * * harmful this one feature -Health-is invaluable. * * * they are Healthful." On July 9, 1930, no plea or answer having been filed, a decree was entered adjudging the product misbranded, and it was ordered by the court that the said product be destroyed by the United States marshal. AETHUE M. HYDE, Secretary of Agriculture.