8508. Adulteration and misbranding of coffee.    U. S. v. 4,098 Cases of Coffee.
Product  relabeled  by  agreement   of  the  parties,  and libel  dismissed.
(F. D. C. No. 16079.    Sample No. 3446-H.)
LIBEL FILED :   May 1,1945, District of Maryland; amended June 4,1945. 
ALLEGED SHIPMENT :    On or about December 7,1944, by The Fidelity Storage and 
Salvage Co., from Norfolk, Va.
PRODUCT: 4,098 cases, each containing 12 1-pound bags, of coffee at Baltimore, 
Md. Cup tests showed that the article had the disagreeable, stale flavor of very 
old, deteriorated coffee.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article was unfit for 
food since it had the flavor of old, stale, and deteriorated coffee.
Misbranding, Section 403 (a), the labeling was misleading as applied to a 
product consisting of old, stale, and deteriorated coffee; and it was further 
misleading since it failed to reveal facts which were material in the light of 
its representations with respect to the customary and usual conditions of use of 
the article, as implied by the designation "Coffee."
DISPOSITION: The Hanover Jobbing Co., Baltimore, Md., claimant, filed an 
answer denying that the product was adulterated and misbranded as alleged 
in the libel. Thereafter, on July 10, 1945, the matters in controversy were 
resolved by agreement with the Government that the product would be relabeled* 
by affixing to each package of the article a label stating, "This Coffee Packed 
June 1943," in manner and form subject to the approval of the Food and Drug 
Administration. On September 19,1945, the labeling of the product having been 
completed and approved, the libel was ordered dismissed.