28088. Adulteration and misbranding of coffee.     V. S. v. Curtis E. Smith   (In¬
terstate Coffee Co.). Plea of nolo contendere. Sentence suspended 
and defendant placed on probation for 30 days. (F. & D. No. 38663. 
Sample Nos. 13448-C, 13498-C, 15837-C.)
This product contained cereal and, with the exception of one lot, also chicory.
On May 15. 1937, the United States attorney for the Southern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against Curtis E. Smith, trading as the Interstate 
Coffee Co., Augusta, Ga., alleging shipment by the defendant on or about August 
21 and September 11 and 29, 1936, from the State of Georgia into the States of 
North Carolina and South Carolina of quantities of coffee which was adulterated 
and misbranded in violation of the Food and Drugs Act. Respective portions of 
the article were labeled in part: "White Label Fresh Roasted Pure Coffee 
* * * A Product of Interstate Coffee Co. Augusta, Ga."; and "Rio Fresh 
Roasted Ground Coffee Packed for Johnson Bros. Charlotte, N. C."
The article was alleged to be adulterated in that a product composed in part 
of cereal, two of the three lots also containing chicory, had been substituted for 
coffee, which it purported to be.
Misbranding was alleged in that the statements, "Fresh Roasted Pure Coffee" 
and "Rio Fresh Roasted Ground Coffee," were false and misleading and were 
borne on the bags so as to deceive and mislead the purchaser; and in that the 
product was offered for sale and sold under the distinctive name of another arti- 
cle, "Rio Coffee" in the case of one lot and "Pure Coffee" in the case of the 
other lots.
On November 26, 1937, a plea of nolo contendere having been entered, the 
court suspended sentence and placed the defendant on probation for 30 days.
HARRY L. BROWN, Acting Secretary of Agriculture.