5256. Misbranding of coffee substitute.    TJ. S. v. 25 Cases of Coffee Substitute.
. Consent decree of condemnation.    Product ordered released under bond 
for relabeling.     (F. D. C, No. 10077.    Sample No. 42275-F.) 
s
Examination showed this product to be a mixture of ground roasted rye and 
5 to 10 percent chicory.    It contained no coffee.
On June 8,1943, the United States attorney for the. Middle District of Tennessee 
filed a libel against 25 cases of coffee substitute at Nashville,. Tenn., alleging that 
the article had been shipped in interstate, commerce on or about April 12, 1943, 
by M- Livingston & Co., Inc., from Paducah, Ky.; and charging that it was 
misbranded.; 
t
The article was alleged to be misbranded in that.the statement on the label, 
"A wonderful substitute for coffee," was false and misleading since it had none 
of the characteristics of coffee. It was alleged to be misbranded further in that 
the statements on the label, "High Grade Coffee Freshly Roasted" and "Where 
there's life-^-there's coffee! To make good coffee use enough—a heaping table- 
spoonful for each cup," were false and misleading as applied to a mixture of 
ground roasted rye and chicory. It was alleged to be misbranded further in- 
that'it was fabricated from two or more ingredients and its label failed to bear 
the common or usual name of each such ingredient, sinee "Cereals" is not the 
common or usual name for roasted rye. 
On July 8, 1943, M. Livingston & Co., Inc., having appeared as claimant and 
having admitted the allegations of the libel and consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered released 
under bond for relabeling under the supervision of the Food and Drug Adminis- 
tration.