(N. J. 49.)
MISBRANDING OF COFFEE.
(AS TO GEOGBAPHICAL SOURCE.)
In accordance with the provisions of section 4 of the Food and Drugs?
Act of June 30, 1906, and of regulation 6 of the rules and regulations?
for the enforcement of the act, notice is given of the judgment of the?
court in the case of the United States vs. 300 cases of roasted coffee,?
more or less, a proceeding of libel brought under section 10 of the?
aforesaid act, in the district court of the United States for the district?
of Indiana, for seizure and condemnation of the said coffee for the rea??
son that it was misbranded, in this, it was labeled and branded "Dutch?
Java Blend," although it contained neither Java nor any other East
India grade of coffee, but was a mixture of washed Santos, Santos, and?
Bourbon coffee. The Dayton Spice Mills Company, a corporation con??
ducting business at Dayton, Ohio, appeared as claimant and owner of?
the said coffee. The cause having come on to be heard on the 17th of?
October, 1908, the court adjudged the coffee misbranded as alleged in?
the libel and rendered its decree in substance and in form as follows:
IN THE DISTRICT COUKT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA.
UNITED STATES
vs.
THREE HUNDRED OASES OF EOASTED COFFEE, MORE OR LESS,
The Dayton Spice Mills Co., Claimant and Owner.
6874.
Now, at this day comes the United States by Joseph B. Kealing, United States?
attorney for the district of Indiana, and the Dayton Spice Mills Company, by its?
president, claimant and owner of the two hundred and seventy cases of coffee,?
by P. H. Worman, esq., their attorney, and this case now coming on to be heard?
on the pleadings herein and after due deliberation being had in the premises,?
the court finds that all of the material allegations of the libel are true and that?
the United States is entitled to recover herein.
It is therefore ordered, adjudged, and decreed that the said Two hundred and?
seventy cases of coffee, be, and the same are hereby, condemned as being mis-?
branded under the provisions of the Food and Drugs Act of June 30, 1906.
And it appearing to the court that the costs in this case, taxed at $?, have
been paid by the claimant Dayton Spice Mills Company and the claimant having?
filed herein a good and sufficient bond, to the effect that the said Two hundred?
and seventy cases of coffee shall not be sold or otherwise disposed of contrary to?
the provisions of Food and Drug Act, June 30, 1906,
It is therefore further ordered, adjudged, and decreed that the marshal be,?
and he is hereby, directed to release the said Two hundred and seventy cases of?
coffee and restore the same to the claimant, the Dayton Spice Mills Company.
The facts in the case were as follows:
On or about September 28, 1908, an inspector of the Department of?
Agriculture found in the possession of Frank S. Fishback, Indianapolis,?
Ind., 270 cases of roasted coffee, each case being labeled and branded?
" 100 pounds Dutch Java Blend. Fancy Roasted Coffee, Dayton Spice?
Mills Co., Dayton, Ohio." The coffee had been packed and was?
shipped by the Dayton Spice Mills Company to Frank S. Fishback on?
September 26, 1908. Samples of the coffee had been analyzed in the?
Bureau of Chemistry of the Department of Agriculture and it was found?
that it was a mixture of washed Santos, Santos, and Bourbon coffee,?
the latter being a coffee grown in Brazil from Mocha coffee seed. It?
was evident that the label appearing on the cases describing the coffee?
contained therein as a "Dutch Java blend" was false, misleading, and?
deceptive and in violation of section 8 of the Food and Drugs Act of?
June 30, 1906. Accordingly, on October 1, 1908, the facts were?
reported by the Secretary of Agriculture to the United States attorney
for the district of Indiana, and libel for seizure  and   condemnation
under section 10 of the act was duly filed, with the result hereinbefore
stated.
H. W. WILEY,
F. L. DUNLAP,
GEO. P. MCCABE,
Board of Food and Drug Inspection.
Approved :
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, March 17, 1909.