5108. Adulteration and misbranding of coffee substitute. U. S. v. 94 Bags of 
Coffee Substitute. Decree of condemnation.• Product ordered released 
under bond for relabeling.    (F. D. C. No. 9911.    Sample No. 41378-F.)
On May 8, 1943, the United States attorney for the Eastern District of Louis- 
iana filed a libel against 94 bags of coffee substitute at New Orleans, La., alleg- 
ing that the article had been shipped in interstate commerce on or about Mareh 
26,1943, by E. B. Muller & Co. from Port Huron, Mich.; and charging that it was 
adulterated and misbranded. The article was labeled in part: "Muller's Cereal 
Coffee Substitute   Kye-Wheat Midds and Chicory Cereal."
It was alleged to be adulterated in that roasted, ground cereal by-products, 
probably wheat or rye, had been substituted for rye, wheat middlings and chicory, 
which the article purported and was represented to be. It was alleged to be 
misbranded in that the statement, "Coffee Substitute Rye-Wheat Midds and 
Chicory," was false and misleading as applied to an article containing no chicory 
and having hone of the characteristic flavor of coffee.
On July 13,1943, E. B. Muller & Co. having appeared as claimant and having 
admitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration.