5411. Misbranding of Finesscovee.    U. S. v. 4 Gases of Finesscovee.    Default de¬
cree of condemnation and destruction.    (F. D. C. No. 10244.    Sample No.
^ 11323-F.)
/ On July 16,1943, the United States attorney for the Northern District of Cali- 
fornia filed a libel against 4 cases, each containing 12 jars, of Finesscovee at 
Oakland, Calif., alleging that the article had been shipped in interstate commerce 
from Cleveland, Ohio, on or about May 19, 1943, by J. B. Robinson; and charging 
that it was misbranded. The article was labeled in part: (Jars, main panel) 
"Instant Finesscovee A Fine Pulverized Coffee Combined with Dextrose, Mal- 
tose, Powdered Dry Milk, Solids from Fresh Wholesome Milk * * * Includ- 
ing Fresh Roasted Maltose, Pulverized Barley, Soy Beans, Cereals, Dex- 
trose * * * The Finest Covee Compound," and (side panel) "'Finesscovee' 
is Made From Fresh Roasted Barley, Milk Solids, Chicory and Fresh Selected 
Soya BKans."
The article was alleged to be misbranded in that the name "Finesscovee" and 
the statement "Finest Covee Compound" were misleading since they were ob- 
viously a play on the words "finest coffee," and implied that coffee was present. 
It was alleged to be misbranded further in that the manner of declaring the 
ingredients on the main panel of the label was repetitious and confusing and 
therefore not in such terms as to render it likely to be understood by ordinary 
individuals, since it gave the impression that it consisted of more ingredients 
than was actually the case; and in that the words "Soy Beans" and "Soya 
Beans" in the ingredient statements on the main and side panels, respectively,! 
were false and misleading since the article contained no soy bKans.
On November 3,1943, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.