5106. Misbranding of coffee filler. U. S. v. 160 Cases of Coffee Filler. Default 
decree of condemnation and destruction. (F. D. C. No. 10008. Sample 
No. 3280-F.)
This product consisted of roasted rye with small amounts of barley and wheat, 
and was labeled to indicate that by mixing it with equal parts, of coffee it would 
double the coffee ration. The Statement of ingredients was inconspicuously placed 
on the label. 
On or about May 28,1943, the United States attorney for the Western District 
of Missouri filed a libel against 160 cases of an article labeled in part "Coffee 
Filler" at St. Joseph, Mo., which had been consigned on or about March 12,1943, 
alleging that the article had been shipped in interstate commerce by the Mixit 
Cereal Coffee Co. from Chicago, ill.; and charging that it was misbranded. The 
article was labeled in part: "Mixit Coffee Filler (design) Doubles Coffee Ration! 
* * '*'. Contains Specially Processed, Carefully Roasted Rye, Barley and 
Wheat."
The article was alleged to be misbranded (1) in that the statement "Doubles 
Coffee Ration" was false and misleading since it was untrue; (2) In that the name 
"Coffee Filler" was false and misleading as applied to an article containing no 
coffee; (3) in that the design bearing the word "Equals" in the center, with one 
cup of steaming liquid to the left and two cups of steaming liquid to the; right, 
was false and misleading sinceone cup of coffee does not equal two cups of a mix- 
ture of coffee and the article; and (4) in that the statement of ingredients was 
not prominently placed on the label with such conspicuousriess (as compared with 
other words, statements, designs, or devices in the labeling) as to render it likely 
to be read by the ordinary, individual under customary conditions of purchase.C;
On June 28,1943, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
~ 
.07. Misbranding of Coffee-Aid.    V. S. v. 525 Bags of Coffee-Aid.   Default de- 
)  '     . cree of condemnation and destruction.     (F. D. C. No. 9930.    Sample No.
J 8749-F.)
' Qn May 13,1943, the United States attorney for the District of Minnesota filed 
a libel against 525 bags of Coffee-Aid at St. Paul, Minn., alleging that the article 
had been shipped in interstate commerce on or about April 9, 1943, by M. H. 
Jacobs from Chicago, Ill.; and charging that it was misbranded. The article was 
labeled in part: "Coffee-Aid   *   *   *   Packed by Century Products Chicago,
HI:".
' ¦    '.' 
The article was alleged to*be misbranded in that the statement "Coffee-Aid 
Makes Coffee Go Twice asFar,'' borne on the label was false and misleading as 
applied to an article containing no coffee, and, in that its label failed to bear 
the common or usual name of the food, ground, roasted barley.
On June 18,1943, no claimant having appeared, judgment of condemnation was 
entered and the product was Ordered destroyed.