F. N. J., F. D. C. 5101-5250 NOTICES OF JUDGMENT UNDER THE FEDERAL FOOD, DRUG, [Given pursuant to section 705 of the Food, Drug, and Cosmetic Act] The cases reported herewith were instituted in the United States District Courts by the United States attorneys acting upon reports submitted by direction of the Federal Security Administrator. WATSON B. MILLER, Acting Administrator, Federal Security Agency. 5101. Adulteration and misbranding of coffee. U. S. v. Universal Coffee Co., Inc. Plea of guilty. Fine, $200. (F. D. C. No. 9623. Sample Nos. 18856-F, On June 5, 1943, the United States attorney for the Eastern District of New York filed an information against the Universal Coffee Co., Inc., at Long Island City, N. Y., alleging shipment on or about November 11, 1942, from the State of New York into the State of New Jersey of a quantity of coffee that was adulter- ated and misbranded. The article was labeled in part: "Minerva Brand Coffee Absolutely Cup Quality Minerva Superior Coffee." Inconspicuously stamped at the bottom of the bags was the following: "Coffee with filler." The article was alleged to be adulterated in that ground roasted chick-peas, or other substance which was not coffee, had been substituted in whole or in part for coffee, which the article purported to be. It was alleged to be misbranded in that the prominent statement "Coffee," borne on the bags, was false and misleading when applied to an article con- sisting of a mixture of coffee and other substance, and the false and misleading impression was not corrected by the words "Coffee with filler" inconspicuously rubber-stamped at the bottom of the bag. It was alleged to be misbranded further in that it was fabricated from two or more ingredients and its label did not bear the common or usual name of each On August 24, 1943, a plea of guilty having been entered on behalf of the 592689-44—1 185 U. S. v. Douglas Coffee Co., Inc. (F. D. C. No. 9635. Sample No. 5102. Adulteration and misbranding of coffee. Plea of guilty. Fine, $50 and costs. 3142-F.) On May 18, 1943, the United States attorney for the District of Nebraska filed an information against the Douglas Coffee Co., Inc., at Omaha, Nebr., alleging shipment on or about November 30, 1942, from the State of Nebraska into the State of Iowa of a quantity of coffee that was adulterated and misbranded. The article was labeled in part: "Douglas Special Urn Blend Fresh Roasted Coffee." The article was alleged to be adulterated in that a mixture of coffee, chick-peas, wheat, and chicory had been substituted in whole or in part for coffee, and in that chick-peas, wheat, and chicory had been mixed with the article so as to reduce its quality. It was alleged to be misbranded in that the statement "Coffee," borne on the bags, was false and misleading, and in that it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient. On June 11, 1943, a plea of guilty having been entered on behalf of the defend. ant, the court imposed a fine of $50. 5103. Adulteration and misbranding of coffee substitute. U. S. v. 94 Bags of Coffee Substitute. Decree of condemnation. Product ordered released under bond for relabeling. (F. D. C. No. 9911. Sample No. 41378-F.) On May 8, 1943, the United States attorney for the Eastern District of Louisiana filed a libel against 94 bags of coffee substitute at New Orleans, La., alleg ing that the article had been shipped in interstate commerce on or about March 26, 1943, by E. B. Muller & Co. from Port Huron, Mich.; and charging that it was adulterated and misbranded. The article was labeled in part: "Muller's Cereal Coffee Substitute Rye-Wheat Midds and Chicory Cereal." It was alleged to be adulterated in that roasted, ground cereal by-products, probably wheat or rye, had been substituted for rye, wheat middlings and chicory, which the article purported and was represented to be. It was alleged to be misbranded in that the statement, "Coffee Substitute Rye-Wheat Midds and Chicory," was false and misleading as applied to an article containing no chicory and having none of the characteristic flavor of coffee. On July 13, 1943, E. B. Muller & Co. having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. 25 Cases of an article labeled Default decree of condemnaSample No. 31941-F.) 5104. Misbranding of coffee substitute. U. S. v. in part "Kofa Brand Coffee Substitute." tion and destruction. (F. D. C. No. 9771. Examination showed the product consisted of ground, roasted chick-peas. On April 10, 1943, the United States attorney for the Southern District of Indiana filed a libel against 25 cases, each containing 32 bags, of an article labeled in part, "Kofa Brand Coffee Substitute, or Blend to Taste Pure Mexican Garbanzos," at Indianapolis, Ind., alleging that the article has been shipped in interstate commerce on or about February 20, 1943, by the New Iberia Cereal Co. from New Iberia, La.; and charging that it was misbranded in that its label failed to bear the common or usual name of the ingredients, and in that the designation "Coffee Substitute" was false and misleading since the article, when prepared as a beverage, would have none of the characteristics of coffee. On May 19, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5105. Misbranding of coffee filler. U. S. v. 264 Cases of Coffee Filler. Decree of condemnation. 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 Rye Cereal Deliciously Roasted 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. DEPOSITED BY THE ITED STATES OF AMERICA 128 5101-5250] NOTICES OF JUDGMENT 187 On July 17, 1943, Jules Barre, sole owner of the B & B Packing Co., having appeared as claimant and having admitted the allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. 5106. Misbranding of coffee filler. U. S. v. 160 Cases of Coffee Filler. Default decree of condemnation and destruction. (F. D. C. No. 10008. Sample No. 3280-F.) This product consisted of roasted rye with small amounts of barley and wheat, and was labeled to indicate that by mixing it with equal parts of coffee it would double the coffee ration. The statement of ingredients was inconspicuously placed on the label. On or about May 28, 1943, the United States attorney for the Western District of Missouri filed a libel against 160 cases of an article labeled in part "Coffee Filler" at St. Joseph, Mo., which had been consigned on or about March 12, 1943, alleging that the article had been shipped in interstate commerce by the Mixit Cereal Coffee Co. from Chicago, Ill.; and charging that it was misbranded. The article was labeled in part: "Mixit Coffee Filler (design) Doubles Coffee Ration! Contains Specially Processed, Carefully Roasted Rye, Barley and Wheat." The article was alleged to be misbranded (1) in that the statement "Doubles Coffee Ration" was false and misleading since it was untrue; (2) in that the name "Coffee Filler" was false and misleading as applied to an article containing no coffee; (3) in that the design bearing the word "Equals" in the center, with one cup of steaming liquid to the left and two cups of steaming liquid to the right, was false and misleading since one cup of coffee does not equal two cups of a mixture of coffee and the article; and (4) in that the statement of ingredients was not prominently placed on the label with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) as to render it likely to be read by the ordinary individual under customary conditions of purchase. On June 28. 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5107. Misbranding of Coffee-Aid. U. S. v. 525 Bags of Coffee-Aid. Default decree of condemnation and destruction. (F. D. C. No. 9930. Sample No. 8749-F.) On May 13, 1943, the United States attorney for the District of Minnesota filed a libel against 525 bags of Coffee-Aid at St. Paul, Minn., alleging that the article had been shipped in interstate commerce on or about April 9, 1943, by M. H. Jacobs from Chicago, Ill.; and charging that it was misbranded. The article was labeled in part: "Coffee-Aid Packed by Century Products Chicago, Ill.". The article was alleged to be misbranded in that the statement "Coffee-Aid Makes Coffee Go Twice as Far," borne on the label was false and misleading as applied to an article containing no coffee, and in that its label failed to bear the common or usual name of the food, ground, roasted barley. On June 18, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5108. Misbranding of Post's Cera-Co. U. S. v. 1,100 Cases of Post's Cera-Co. Consent decree of condemnation. for relabeling. (F. D. C. No. 9946. Sample No. 30991-F.) On May 24, 1943, the United States attorney for the Western District of Washington filed a libel against 1,100 cases, each containing 36 bags, of Post's Cera-Co at Seattle, Wash., alleging that the article had been shipped in interstate commerce within the period from on or about March 8 to May 11, 1943, by the Post Quality Foods Co. from San Francisco and Los Angeles, Calif.; and charging that it was misbranded. It was alleged to be misbranded (1) in that the statement on the bag, "A Blend of High Grade Coffee Extract, Rye, Wheat and Chicory," was misleading as applied to a mixture containing little of no coffee extract; (2) in that the statement in the circular "To make Coffee go farther" was misleading as applied to a product having none of the characteristic properties of coffee; (3) in that the statements in the circular, "The combined use of Vitamins B-1 and Niacin is extremely beneficial to persons troubled with pellagra, allergies, nervousness, nutritional deficiency, sclerosis, diabetes, general weakness, poor appetite, gastric and intestinal disturbances, decreased peristolbis (peristalsis), and poor lactation thus greatly benefits your health and vitality," were false and mis leading since they represented, suggested, and created in the mind of the reader the impression that the article was effective in the treatment of the conditions mentioned, whereas it was not so effective; and (4) in that it purported to be and was represented as a food for special dietary uses by reason of its vitamin content, and its label failed to bear such information concerning its vitamin properties as has been determined to be, and by regulations prescribed as necessary in order fully to inform purchasers as to its value for such uses, since the label failed to bear a statement of the proportion of the minimum daily require ment for such vitamins supplied by the food when consumed in a specified quantity during a period of 1 day, as required by the regulations. On June 8, 1943, the Post Quality Foods Co. having appeared as claimant and having admitted the allegations and consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond for relabeling under the supervision of the Food and Drug Administration. 5109. Adulteration of tea. U. S. v. 97 Cases of East India Types of Black Tea. Default decree of condemnation and destruction. (F. D. C. No. 9788. Sample No. 17590-F.) The cases containing this product showed signs of having been water-damaged. The time at which such damage occurred was not determined. Examination showed the product to be moldy. On or about April 16, 1943, the United States attorney for the District of New Jersey filed a libel against 97 cases, containing a total of 11,557 pounds, of East India types of black tea at Hoboken, N. J., alleging that the article had been shipped in interstate commerce on or about January 23, 1943, by the Standard Brands, Inc., from San Francisco, Calif.; and charging that it was adulterated in that it consisted in whole or in part of a decomposed substance. On June 26, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5110. Adulteration and misbranding of bar-lemon. U. S. v. 9% Cases of BarLemon. Default decree of condemnation and destruction. (F. D. C. No. 10018. Sample No. 39304-F.) On May 28, 1943, the United States attorney for the District of Arizona filed a libel against 91⁄2 cases, each containing 12 bottles, of bar-lemon, at Globe, Ariz., alleging that the article had been shipped in interstate commerce on or about April 24, 1943, by C. E. Strattman from San Diego, Calif.; and charging that it was adulterated and misbranded. The article was labeled in part: (Bottles) "Carl's Bar-Lemon Concentrated Lemon Juice Made From California Lemons (design of a lemon)." The article was alleged to be adulterated (1) in that a valuable constituent, lemon juice, had been in whole or in part omitted therefrom; (2) in that an artifically colored phosphoric acid solution with added dextrose had been substituted wholly or in part for concentrated lemon juice; (3) in that inferiority had been concealed by the addition of artificial color; and (4) in that artificial color had been added thereto or mixed or packed therewith so as to make it appear better or of greater value than it was. The article was alleged to be misbranded (1) in that the statements, “BarLemon Concentrated Lemon Juice Made From California Lemons Use same as lemon juice," and the design of a lemon, were false and misleading as applied to an artificially colored phosphoric acid solution with added dextrose; (2) in that it was offered for sale under the name of another food; (3) in that it was an imitation of another food, concentrated lemon juice, and its label failed to bear, in type of uniform size and prominence, the word "imitation" and immediately thereafter the name of the food imitated; (4) in that it was fabricated from two or more ingredients and its label failed to bear the common or usual name of each such ingredient; and (5) in that it contained artificial coloring and failed to bear labeling stating that fact. On July 14, 1943, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed. 5111. Misbranding and alleged adulteration of fruit flavored beverages. U. S. v. 132 Cases of Good-Rich Orange, 33 Cases of Good-Rich PineappleOrange, and 3 Cases of Good-Rich Grape Fruit. Consent decree ordering product released under bond for relabeling. (F. D. C. No. 9862. Sample Nos. 7138-F to 7140-F, incl.) On April 29, 1943, the United States attorney for the Eastern District of Arkansas filed a libel against the above-named products at Blytheville, Ark., which had been shipped on or about August 10, 1942, and January 15, 1943, by |