26710. Adulteration and misbranding of coffee.    U. S. v. Six 25-Pound Bass and
Two 50-Pound   Bass   of   Coffee.     Default   decree   of   condemnation. 
Product delivered to charitable orsanization.    (F. & D. no. 38502.   Sample 
na 15837-C.) 
•This case involved alleged coffee that was found to consist of a mixture of 
coffee, cereal, and chicory.
On November 6, 1936, the United States attorney for the Western 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 six 25-pound 
bags and two 50-pound bags of coffee at Charlotte, N. C, alleging that the 
article had been shipped in interstate commerce on or about September 11, 
1936, by the Interstate Coffee Co., from Augusta, Ga., and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: (Stencil on bags) "Rio Fresh Roasted Ground Coffee 
Packed for Johnston Bros. Charlotte, N. C."
The article was alleged to be adulterated in that a mixture of coffee, cereal, 
and chicory had been substituted for coffee, which the article purported to be.
The article was alleged to be misbranded in that the statement "Rio Fresh 
Roasted Ground Coffee" was false and misleading and tended to deceive and 
mislead the purchaser when applied to a mixture of coffee, cereal, and chicory; 
and in that it was offered for sale under the distinctive name of another article, 
namely, coffee.
On January 4, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a 
charitable organization.
M. L. WILSON, Acting Secretary of Agriculture.