27042. Adulteration and misbranding of coffee and of coffee and chicory.     TJ. S.
v. Dannemiller Coffee Co. of Louisiana, Inc. Pica of nolo contendere. 
Fine, $100. (F. & D. no. 37960. Sample nos. 62259-B, 62452-B, 62457-B, 
62458-B, 62459-B.)
This case involved two shipments of coffee, also three shipments of mixed 
coffee and chicory, all of which contained added coffee chaff.
On September 21, 1936, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Dannemiller Coffee Co. of Louisiana, Inc., 
at New Orleans, La., alleging interstate shipments by said company in violation 
of the Food and Drugs Act, on or about January 3, 16, and 30, and February 3, 
1936, from the State of Louisiana into the State of Mississippi of quantities of 
coffee and coffee and chicory that were adulterated and misbranded. The 
articles were labeled, variously: "Coffee & Chicory, from Dannemiller Coffee 
Co. of La., New Orleans, La."; "Big Hit Coffee & Chicory Dannemiller Coffee 
Co. * * * Southern Who. Gro. Co. Brookhaven, Miss."; "Big Hit Brand 
* * * 100% Pure Fresh Roasted Coffee"; "Extra 100% Pure Ground Coffee 
P. P. Williams Co. Vicksburg, Miss."
The articles were alleged to be adulterated in that coffee chaff had been 
mixed and packed therewith so as to reduce and lower and injuriously affect 
their quality and strength, and had been substituted in part for coffee and for 
coffee and chicory, which the articles purported to be.
They were alleged to be misbranded in that the statements, "100% Pure 
Fresh Roasted Coffee", "100% Pure Ground Coffee", and "Coffee & Chicory", 
borne on the bags, were false and misleading and were applied to them so as 
to deceive and mislead the purchaser since they represented that the articles 
consisted of coffee and of coffee and chicory, respectively; whereas they con- 
sisted in part of coffee chaff. The articles were alleged to be misbranded 
further in that they were offered for sale and sold under the distinctive names 
of other articles, "Coffee" and "Coffee & Chicory."
On March 4, 1937, a plea of nolo contendere was entered on behalf of the 
defendant and the court imposed a fine of $100.
W. R. GBEGG, Acting Secretary of Agriculture.