§ 301. Cocoa Butter Substitutes."

"A manufacturer writes:

"We use in the preparation of chocolate sticks a guaranteed pure production of cocoanut oil. May this production be sold merely as confectionery, and not as chocolate sticks? If not, would it be satisfactory for us to mark the product as "Chocolate sticks prepared with substitute butter?'

"Regulation 22 prohibits the sale, or offer for sale, in interstate or foreign commerce or in the District of Columbia or in any Territory of the United States, of a food or drug product which bears no label whatever if said product be an imitation of or offered for sale under the name of another article. It would clearly be a violation of the law to sell an article which was made in imitation of chocolate, even though it sold under the general name of a confection. Such an article should be labeled in such manner as to correctly represent its true nature.

"Regulation 25 (a) provides:

"When a substance of a recognized quality commonly used in the preparation of a food or drug product is replaced by another substance not injurious or deleterious to health, the name of the substituted substance shall appear upon the label.'

"It is held that cocoa butter is the only fat that can properly be used in chocolate. The declaration of foreign fats merely as 'substitute butter' is apparently not sufficient; the nature of the fat employed should be stated.""

§ 302. Cod Liver Oil Compound.

A liquid was labeled "Metabolized Cod Liver Oil Compound;" "Waterbury's Metabolized Cod Liver Oil Compound does contain Cod Liver Oil." "Many of these [institutions] are using it exclusively as the one general tonic and tissue builder;" "Blue wrapper indicates product without antiseptic." It contained no material part derived from cod liver oil due to metabolic changes. It could not be used

1 F. I. D. 61.

as a tissue builder, and was not such. It contained an antiseptic-salicylic acid-notwithstanding the statement on the blue wrapper that it did not. The court declared the liquid forfeited.1

§ 303. Codfish.

To label codfish taken out of North American waters with the label "Prime Italian Codfish" is to violate the statute.1

8304. Coffee.

To label a blend of South American and Dutch East Indian coffees as "Mocha and Java" is to misbrand them.1 A product can not be labeled "Cereal Coffee,' even if it consists in part of coffee." A coffee was labeled as follows: "Climax Java Blend Coffee" and "Climax Package Coffee, a Combination of High Grade Old Crop Coffee of Scientific Blending." It consisted exclusively of a low-grade Rio coffee, no Java coffee being present, nor could any "scientific blending" be traced. It was held that the labels were false.3 Coffee labeled as "Mocha and Java Blend" is mislabeled where Maracaibo or Santos coffee has been in part substituted for the Mocha and Java. A substance labeled "coffee" is mislabeled if it contains chicory. A package of coffee was labeled as follows: "One Pound Net Weight Blanke Coffee Company Dutch Moka. A Bourbon Blend Select Roasted Coffee," and on the fourth side thereof, in small type, "This has no reference to Arabian Mocha but as the name implies, is a perfectly balanced combination of fine old mellow varieties with choice Bourbon Santos, which means Mocha Coffee transplanted in Santos, producing a cup at once rich, smooth and satisfying." The coffee was a Santos cof

1 N. J. 303.

1 N. J. 778.

1 N. J. 677; N. J. 547; N. J. 355;

N. J. 1014.

2 F. I. D. 50.

3 N. J. 55.

5

4 N. J. 215; N. J. 896; N. J. 951; N. J. 841; N. J. 981; N. J. 1014.

5 N. J. 177; N. J. 407; N. J. 530; N. J. 714.

PURE FOOD-24.

fee, and it was held that it was mislabeled. To label Santos coffee or "Old Government" coffee is to violate the statute; for the term "Old Government" applies exclusively to a coffee produced on the island of Java, and not to a Santos coffee. Coffee was labeled in Greek, of which the following are translations:

"Leva Brothers. Leva Brothers' Mustapha Turkish Coffee. Genuine Mocha Coffee is ground by a special machine. Each box contains one pound of coffee, and the box is firmly tied, so that no air can get in to spoil the flavor of the coffee. Prepared by Leva Brothers, 361⁄2 Oliver Street, New York."

and

"Leva Brothers' Genuine Turkish Coffee is ground by a special machine. Every box contains one pound of coffee, and the box is firmly tied, that no air can get in to spoil the flavor of the coffee. Prepared by Leva Brothers, 362 Oliver St., New York, N. Y."

The coffee was a low grade Santos coffee, and it was held to be misbranded.

Coffee was labeled as follows:

On front of carton

"One Pound Net weight Blanke Coffee Co. Dutch Moka A Bourbon Blend Select Roasted Coffee;"

On back of carton

"Dutch Moka A Bourbon Blend Coffee

This has no reference to Arab

ian Mocha but as the name implies, is a perfectly balanced combination of fine old mellow varieties with choice Bourbon Santos, which means Mocha Coffee transplanted in Santos;"

"Blanke's Grant Cabin Blend Coffee Combination of Mocha, Java, and other Superior Grades C. F. Blanke Tea & Coffee Co., St. Louis, Mo."

The coffee was a South American coffee, and it was held to be misbranded."

Upon the label of a coffee package was printed the following:

"Refined Coffee, Digesto Brand.

6 N. J. 387.

7 N. J. 611.

This high-grade coffee is the only

8 N. J. 371.

9 N. J. 275.

really refined coffee known. The excess of both caffeine and caffetannic acid has been removed. Consequently, its flavor is better than other coffee, because this bitterness and acidity have been extracted. Does ordinary coffee hurt you? Many people can not drink unrefined coffee because it contains the irritating poisons, caffeine and tannic acid. They produce— headache, wakefulness, palpitation of the heart, nervousness, nervous dyspepsia, indigestion, biliousness, languid feeling, heartburn, depression of spirits, irritability, tremulousness, caffeinism. (See Century Dictionary.) Why refined coffee will not hurt you: The excess of irritating bitter poison is taken out of this coffee. It is refined by both mechanical and chemical processes.

A sample of the coffee was obtained, and on analysis the results given below were obtained. At the same time an analysis of a sample of ordinary roasted coffee purchased on the open market was made and these which are given for comparison:

Analysis of "Digesto" and of ordinary coffee.

Alkalinity of ash (cc of normal acid per 100

Acidity (cc of normal alkali per 100 grams of ma

The statement upon the label was, therefore, false in these respects: It was claimed that the coffee, by reason of its purity, was the best in the world for flavor and aroma. It was represented that the excess of both caffein and caffetannic acid had been removed from the coffee, whereas in truth and in fact no portion of these substances had been so removed, unless by the removal of a portion of the substance of the coffee itself; that its flavor was better than any other coffee because bitterness and acidity had been extracted;

that the reduction of the bitter and acid elements left the coffee in a highly purified form; that the excess of irritating bitter poison had been left out of the coffee, and that it was refined by both mechanical and chemical processes; and that the manner in which the coffee was prepared permitted the real flavoring constituent-an aromatic oil-to be extracted easily by boiling.10

By putting a very small amount of Java Coffee in Santos coffee the mixture can not be labeled "Java Coffee. ''11

"The term 'Java Coffee' has been abused for many years, hence it arises that both roasted and unroasted coffee, perchance ten times as much coffee is sold to the consumer, under the name of 'Java Coffee,' as is grown in Java.

"In conformance with the provisions of the pure food Act, all coffee coming from the island of Java might be called 'Java Coffee,' that from the Padang districts 'Padang Coffee,' that from Celebes 'Celebes Coffee,' and all other sorts from the Netherlands Indies 'Dutch East Indies Coffee.' "In the Netherlands what is known as 'Java Coffee' is only the Coffea arabica produced in Java, so that the Coffea liberica coming from that island under the name of 'Java Coffee' falls as little under that term as all the coffee from the rest of the islands of the Indian archipelago.

The suggestions which are incorporated in this quotation from the American Minister at the Hague indicate a proper method of labeling coffee coming from the Dutch East Indies.

Coffee grown on the island of Sumatra would also be properly labeled if called "Sumatra Coffee," or, if desired, the label may state specifically and correctly the particular location in which the coffee in question was really grown.'

12

The following quotations are taken from the report submitted to the Department of State from the consular agent at Aden under date of January 3, 1908:

"The Mocha coffee is produced in that district of southern Arabia known as 'Yemen.' The latter is a strip of territory commencing at a point on the Red Sea a little north of the port of Hodeidah and extending first southeast to the Strait of Bab-el-Mandeb and then east nearly to Aden.

10 N. J. 4.

11 N. J. 355; N. J. 951; N. J. 841; N. J. 981; N. J. 896.

12 F. I. D. 82.