S. No. 48.	
Issued March 3, 1910.
F. & D. No. 96.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 177, FOOD AND DRUGS ACT.
MISBRANDING OF COFFEE.
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 regu??
lations for the enforcement of the Act, notice is given of the judg??
ment of the Court in the case of the United States v. 36 cases of Coffee,?
a proceeding of libel under section 10 of the aforesaid Act in the Dis??
trict Court of the United States for the Northern District of Georgia,?
for seizure, condemnation, and forfeiture of said 36 cases of coffee?
which were misbranded within the meaning of section 8 of the Act?
in that they were labeled and branded: "Luzianne Coffee" whereas?
they contained a mixture of coffee and chicory. The United States?
Attorney for said District having filed a libel in the above stated?
Court praying condemnation and forfeiture of the said 36 cases of?
coffee for the reason above stated, and the Reily-Taylor Company?
of New Orleans, La., manufacturers and shippers of said coffee, having?
entered its claim thereto and admitting and confessing the misbrand??
ing of the coffee as alleged in the libel, on October 5, 1908 the Court?
rendered its decree in substance and in form as follows:
IN THE DISTRICT COURT OF THE UNITED STATES, EASTERN DIVISION, NORTHERN
DISTRICT OP GEORGIA.
THE UNITED STATES
vs.
THIRTY SIX,CASES LUZIANNE COFFEE, THE REILY-TAYLOR COM-
pany, Claimant.
No. 3.    In Rem.?
Final Decree.
By consent of all the parties this case was heard by the Court of Atlanta, on this day,?
and the claimant, The Reily-Taylor Company appearing in court by counsel and?
admitting and confessing that the goods in question, to-wit, thirty six cases Luzianne?
coffee were misbranded as alleged in the Libel of Information, and the said claimant?
now consenting that judgment and decree be accordingly made by the Court, it is?
considered adjudged and decreed by the Court that the said thirty six cases of Luzianne?
Coffee in said Information mentioned be, and the same are, condemned as misbranded
27714?10
for the cause in said Information set forth; but it further appearing to the Court that?
the said thirty-six cases of Luzianne Coffee have been, in accordance with the Act?
of June 30, 1906, released to the said Reily-Taylor Company, Claimant, upon said?
Company's having given bond in the sum of Five Hundred Dollars, conditioned to?
the effect that said coffee shall not be sold or otherwise disposed of contrary to the?
provisions of said Act of June 30, 1906, or to the laws of any State, Territory, District,?
or Insular Possession; and the said Company having also given bond conditioned for?
the payment of the costs with the United States Fidelity and Guaranty Company as?
surety on both of said bonds, it is further ordered and adjudged that the United States?
recover of the said Reily-Taylor Company, as principal, and the said United States
Fidelity and Guaranty Company, as surety, the sum of?dollars, the costs of this
proceeding, to be paid within twenty days from the date of this decree, and in default?
thereof, execution be, and the same is, hereby awarded.
In open Court this the 5th day of October, 1908.
WM. T. NEWMAN,
U. S. Judge.
The facts in the case were as follows:
On or about May 27, 1908, an inspector of the United States Depart??
ment of Agriculture found, in the possession of Talmadge Bros. &?
Company, Athens, Ga., 36 cases of an article of food labeled and?
branded: "Luzianne Coffee" which had been shipped to said Tal??
madge Bros. &?Co. on or about May 26, 1908 from New Orleans, La.,?
by the Reily-Taylor Co. Each of the aforesaid 36 cases contained?
50 one-pound cans of ground coffee and was labeled: "Luzianne?
Roasted Coffee and Chicory, The Reily-Taylor Co. importers ancl?
roasters, New Orleans, U. S. A." The article being a mixture of?
coffee and chicory and not pure coffee as represented by the labels?
on the said 36 cases, it was apparent that it was misbranded within?
the meaning of section 8 of the Food and Drugs Act.
Accordingly, on May 27, 1908, the Secretary of Agriculture reported?
the facts to the United States Attorney for the Northern District?
of Georgia, who filed a libel for seizure, condemnation, and for??
feiture of the said coffee with the result hereinbefore stated.
JAMES WILSON,?
Secretary of Agriculture.
WASHINGTON, D. C, January 28, 1910.