19722. Misbranding of coffee.    U. S. v. The Early Coffee Co.    Plea of nolo
contendere.     Fine, $100.     (F. & D. No. 25720.    I. S. Nos. 512, 513, 514.)
This action was based on the interstate shipment of quantities of coffee, 
sample cans of which were found to contain less than the declared weight
On May 29, 1931, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid an information against the 
Early Coffee Co., a corporation, Denver, Colo., alleging shipment by said com- 
pany, in violation of the food and drugs act as amended, on or about May 20, 
1930, from the State of Colorado into the State of New Mexico, of quantities 
of coffee that was misbranded. The article was labeled in part: (Cans) 
" Early Breakfast Steel Cut Plantation Coffee, Full Pound [or ' Three Pounds'] 
Net Weight    *    *    *   The Early Coffee Co., Denver, Colo."
It was alleged in the information that the article was misbranded and that 
the statements, " Full Pound Net Weight," borne on a portion of the cans, and 
the statement " Three Pounds Net Weight," borne on the remainder, were false 
and misleading, and for the further reason that the article was labeled so as 
to deceive and mislead the purchaser since the portion of the cans which were 
labeled as containing 1 full pound net contained less than 1 pound, and the 
portion of the cans that were labeled as containing 3 pounds net, contained 
less than 3 pounds. Misbranding was alleged for the further reason that 
the article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package, since the 
statements made were incorrect
On April 7, 1932, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $100.
HENBY A.  WALLACE,  Secretary of Agriculture.