24811. Adulteration and misbranding of coffee.    U. S. v. 9%  Cases of Coffee.
Consent decree of condemnation.     Product released under bond to be 
relabeled.    (F. & D. no. 33087.    Sample no. 76614-A.)
This case involved a product which was adulterated and misbranded, since it 
was represented to be a superior high-grade coffee, whereas it contained 
approximately 10 percent of chicory.
On July 19, 1934, 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 9% cases 
of coffee at Manteo, N. C, alleging that the article had been shipped in inter- 
state commerce on or about June 7, 1934, by the James G. Gill Co., Inc., from 
Norfolk, Va., and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: "Gill's Hotel Special 
*    *   *   The James G. Gill Co. Inc. Norfolk, Va."
The article was alleged to be adulterated in that a product containing about 
10 percent of chicory had been substituted for coffee.
Misbranding was alleged for the reason that the statement "Gills Hotel 
Special Vacuum Packed Coffee * * * to make good coffee use about one- 
fourth less of Hotel Special than other high grade Coffee", was misleading.
On June 4, 1935, the James G. Gill Co., Inc., claimant, having withdrawn its 
answer and having consented to the entry of a decree, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond conditioned that it be properly relabeled.
W. R. GREGG, Acting Secretary of Agriculture.