21469. Adulteration  and  Misbranding of  coffee.    17.   S.  v.   5 Drums  and  5
Drums  of  Coffee.     Default  decree  of condemnation  and   destruc- 
tion.     (F.  & D.  no.   30739.    Sample nos.  39863-A,   39864-A.)
This case involved a product represented to be coffee which was found to 
consist of coffee and rye or other cereal.
On July 19, 1933, the United States attorney for the Eastern District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of five 27%-pound 
and five 55-pound drums of alleged coffee at Lumberton, N.C., alleging that the 
article had been shipped in interstate commerce on or about June 20, 1933, by 
the Florence Coffee Co., from Florence, S.C, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: (Lid of drum) "Pee Dee"; (tag) "Florence Coffee Co. Florence, S.C."
It was alleged in the label that the article was adulterated in that a mixture 
of coffee and rye or other cereal had been substituted for coffee.
Misbranding was alleged for the reason that the article was sold under the 
distinctive name of another article, coffee.
On September 18, 1933, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.