21761. Adulteration and misbranding of coffee.     U.  S.  v.  13  Cases,  et  al.,
of Coffee. Default decrees of condemnation and forfeiture. Por- 
tion of product destroyed. Remainder delivered to a charitable 
Institution. (F. & D. nos. 31086, 31087, 31124, 31128. Sample nos. 
3H401-A, 39402-A, 39942-A,  39943-A.)
These cases involved interstate shipments of coffee that contained coffee 
chaff and rye cereal.
On September 13 and September 20, 1933, the United States attorney for 
the Middle District of Georgia, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation 
of 35 cases of coffee, in part at Quitman, Ga,, and in part at Thomasville, Ga. 
On September 14, 1933, a libel was filed in the Southern District of Georgia 
against 13 cases of coffee at Waycross, Ga., and on September 20, 1933, a libel 
was filed in the Northern District of Florida against 10 cases of coffee as 
Tallahassee, Fla. It was alleged in the libels that the article had been shipped 
in interstate commerce between the dates of May 10 and August 8. 1933, by 
the Johnson Coffee Co., from Chattanooga, Tenn., and that it was adulterated 
and misbranded in violation of the Food and Drugs Act. The article was con- 
tained in paper bags labeled in part: " Black Joe Brand Pure Rio Coffee 
Roasted and Packed for Suwanee Stores."
The libels charged that the-artk-le-js-as adulterated in that coffee chaff and 
rye cereal had been mixed and packed therewith so as to reduce, lower, and 
injuriously affect its quality and strength, and had been substituted in part 
for coffee.
Misbranding was alleged for the reason that the statement, " Pure * * * 
Coffee ", was false and misleading and deceived and misled the purchaser, and 
for the further reason that the article was sold or offered for sale under the 
distinctive name of another article.
No claim was entered for the property seized. On November 1 and 
November 7, 1933, judgments were entered in the Southern District of Georgia 
and the Northern District of Florida ordering that the product be destroyed. 
On November 28, 1933, judgment of condemnation and forfeiture was entered 
in the cases instituted in the Middle District of Georgia, and it was ordered 
by the court that the product be delivered to a charitable institution, since the 
adulteration was of such nature as not to be injurious to health.
M. L. WILSON, Acting Secretary of Agriculture.