2558. Misbranding of coffee mix. U. S. v. 49% cases of Sarban Mix Coffee. 
Blender. Consent decree of condemnation. Product ordered released 
under bond for relabeling.     (F. D. C. No. 10054.    Sample No. 48066-F.)
Examination showed this product to consist of roasted barley and a small 
amount of chicory.
On June 5,1943, the United States attorney for the Southern District of Ohio 
filed a libel against 49% cases of an article labeled in part "Sarban Mix Coffee. 
Blender," at Cincinnati, Ohio, which had been consigned on or about March 19, 
1943, alleging that the article had been shipped in interstate commerce by the 
Coffee Corporation of America from Chicago, Ill.; and charging that it was mis- 
branded.
It was alleged to be misbranded in that the statement, "Increases Your Coffee 
Cuppage," appearing on the package of the article, and the statement, "Coffee 
Blender," appearing on both the case and package, were misleading as applied 
to a product /consisting of roasted barley and chicory, containing no coffee. It 
was alleged to be misbranded further in that the following statements appearing 
on the labeling, (main panels of package) "Now Enriched with Vitamin Bi" and 
"Why Vitamin Bi is important to you . . .Vitamin Bi * * * is vital to 
everyone's well-being. It is needed for abundant energy, good appetite, sound 
steady nerves. * * * and more is desirable to maintain good physical condi- 
tion. * * *. Yet the daily diet in millions of homes does not permit enough 
Vitamin Bi because many foods do not contain a sufficient supply of this vital 
food factor. So, to help you get your needed daily supply, the amount of Vitamin 
Bi in this coffee, blender has been greatly enriched * * *," were misleading, 
since they represented and suggested that the article, when blended with coffee 
in accordance with the directions on the label and used as a beverage in the 
amounts daily consumed by the average coffee drinker, would supply a sub- 
stantial proportion- of the minimum daily requirement of vitamin Bi, whereas, 
the article, when so used and consumed, would furnish only a small proportion 
of the minimum daily requirement of vitamin Bi. It was alleged to be mis- 
branded further in that it purported to be and was represented as a food for 
special dietary uses by reason of its vitamm Bi content, and its label failed to 
bear such information concerning its vitamin, property as had been determined to 
be, and by regulations prescribed as, necessary in order fully to inform purchasers 
as to its value for such uses, since its label failed to bear, as required by the 
regulations, a statement of the proportion of the minimum daily requirement of 
vitamin Bi contained in a specified quantity of the article which is customarily 
or usually consumed during a period of 1 day.
On July 22, 1943, the Coffee Corporation of. America having appeared as claim- 
ant and having admitted the allegation of the libel and consented to the entry of 
a decree, judgment of condemnation was entered and the product was ordered 
released under bond for relabeling in conformity with the law under the super- 
vision of the Food and Drug Administration.