5105. Misbranding of coffee filler.    U. S. -v. 264 Cases of Coffee Filler.    Decree
of condentnation.    Product ordered released under bond for relabeling,
(F.D.C. No. 9928.   Sample No. 8965-F.)
Examination showed the product to consist entirely of ground, roasted rye.
On May 13,1943, the United States attorney for the Southern District of Texas 
filed a libel against 264 cases of coffee filler at Houston, Tex., alleging that the 
article had been shipped in interstate commerce on or about March 8,1943, by the 
B & B Packing Co., from New Iberia, La.; and charging that it was misbranded. 
The article was labeled in part: "LuZanna Mammy Brand Coffee Filler. A Bye 
Cereal Deliciously Boasted  Mix = 50-50 with Pure Coffee."
The article was alleged to be.misbranded in that the statement: "Mix=50-50 
with Pure Coffee," appearing On the label, was misleading since such statement 
suggested that the article was a mixture of rye and coffee.
~^Oh July 17, 1943, Jules Barre, sole owner of the B & B Packing Co., having 
beared as claimant and having admitted the allegations of the libel, judgment 
oc condemnation was entered and the product was ordered released tinder bond 
for relabeling under the supervision Of the Food and Drug Administration.