24708. Adulteration and misbranding of coffee.    U. S. v. Interstate Coffee Co.
Plea of guilty.    Fine, $100.     (F. & D. no. 32896.    Sample nos. 35383-A, 
35385-A.)
This case was based on an interstate shipment of coffee that contained added 
chicory and cereal
On September 26, 1934, the United' States attorney for the Southern District 
of Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Interstate Coffee Co., a corpora- 
tion, Natchez, Miss., alleging shipment by said company in violation of the 
Food and Drugs Act, on or about September 13 and November 22, 1933, from 
the State of Mississippi into the State of Louisiana of quantities of alleged 
coffee which was adulterated and misbranded. A portion of the article was 
labeled: "Special. Rio. Al. Roasted and Packed by Interstate Coffee Co. 
Natchez, Mississippi." The remainder of the said article was labeled: "I. X. 
L. Blend * * * Interstate Coffee Co. Natchez, Miss." Both shipments were 
billed as coffee.
The article was alleged to be adulterated in that undeclared substances, 
chicory and a large proportion of cereal, had been mixed and packed with the 
article so as to reduce and lower and injuriously affect its quality and strength, 
and had been substituted in part for coffee, which the article purported to be.
Misbranding was alleged with respect to a portion of the product for the 
reason that the statements, "Special Rio AI * * * Roasted And Packed By 
Interstate Coffee Co., * * * 30-Lbs Net Md.", borne on the drum containing 
the article, were false and misleading in that the said statements represented 
that the product in each drum consisted solely of 30 pounds of coffee, that is 
30 pounds special, Rio type, first-class coffee, and for the further reason that 
it was labeled so as to deceive and mislead the purchaser, since the article in 
the said drums did not consist solely of 30 pounds of coffee, but did consist in 
part of approximately 25 percent of undeclared cereal and some chicory. Mis- 
branding was alleged with respect to both lots for the reason that the article 
consisted of a mixture of cereal, coffee, and some chicory, and was offered for 
sale under the distinctive name of another article, namely, coffee, and for the 
further reason that it was a compound in imitation of another article, namely, 
coffee, and was not labeled so as to indicate plainly that it was a compound 
or imitation.
On May 20, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $100.
W. R. GREGG, Acting Secretary of Agriculture.