21773. Misbranding of coffee.     1).   S. v. 9  Cases  of  Coffee.     Default  decree
of  condemnation   and   destruction.      (F.   & ID.  no.   31209.     Sample  no. 
42354-A.)
This case involved a shipment of a product which was represented to be 
coffee but which was found to consist of a mixture of coffee, cereal, and siftings.
On October 4. 1933. the United States attorney for the Eastern District of 
Kentucky, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of nine cases each 
containing thirty-six 1-pound packages of coffee, at Ashland, Ky., alleging 
that the article had been transported in interstate commerce from Portsmouth, 
Ohio, on or about July 20, 1932. having been shipped by the Ohio Valley 
Coffee Co., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: (Main panel of carton) "Fad Brand 
Ground Roasted Coffee Roasted and packed by The Ohio Valley Coffee Co., 
Portsmouth"; (opposite panel) "Fad Brand Ground Roasted Coffee Plus 
Grain.";  (side panels)  "Most delicious coffee    *    *    *    it's absolutely pure
* *   *   This   *   *   *   coffee * *   *   *   real coffee."
It was alleged in the libel that the article was misbranded in that the 
following statements in the labeling of the package were false and mislead- 
ing and deceived and misled the purchaser: (Main panel) "Ground, Roasted 
Coffee", (side panels) " Most Delicious Coffee", It's Absolutely Pure", "This
* *   *    Coffee", "Real Coffee."
On November 29, 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.