NOTICE OF JUDGMENT NO. 2433.
(Given pursuant to section 4 of the Food and Drugs Act.)
V. S. v. 8 Cases Cotee.    Decree of condemnation.     Goods ordered sold or
destroyed.
MISBRANDING OF  COFFEE.
On February 18, 1911, the United States Attorney for the Western 
District of Louisiana, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for 
said district a libel for the seizure and condemnation of 8 cases, each 
containing 50 cans of coffee, remaining unsold in the original un- 
broken packages and in possession of the Calcasieu Mercantile Co. 
(Inc.), Lake Charles, La., alleging that the product had been shipped 
from the State of Texas into the State of Louisiana, and charging 
misbranding in violation of the Food and Drugs Act. The product 
was labeled: (On cases) "Rosenbergs Sanclara Brand Coffee, Chic- 
ory and Cereal, Ground, Calcasieu M. Co., Lake Charles, La. 
Guatemala Coffee Co., Houston, Texas." (On cans) " Rosenbergs 
Sanclara Brand Coffee, Guatemala Coffee Co., Houston, Texas. 
Guezaltenango C Agutemala C A." The labels on the cans also 
bore, inconspicuously displayed so as to readily escape the notice of 
purchasers, the words " Chicory and Cereal."
Misbranding of the product was alleged in the libel for the reason 
that the words on the labels announcing the product as coffee were 
in large and conspicuous white type on a red background, and the 
words declaring the presence of chicory were in considerably reduced 
type on a blue background, which plainly conveyed the impression 
that the product was all coffee, the product therefore being mis- 
branded, and said misbranding was not corrected by the words
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" Chickory and Cereal" in inconspicuous type, all of which was done 
for the purpose of misleading and deceiving the purchaser and the 
public. It was further alleged that the product was misbranded in 
employing the form and design of labeling, for the reason that it 
implied that said product was entirely coffee, the words " Chicory 
and Cereal" being in smaller and inconspicuous type, whereas under 
examination said product contained about 62 per cent coffee and 38 
per cent chicory and cereal.
On May 15, 1911, judgment of condemnation and forfeiture was 
entered, and it was further ordered that the product should be sold 
subject to the provisions of the Food and Drugs Act or destroyed by 
the United States marshal.
B. T. GALLOWAY, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, May 17, 1913.
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