5409. Misbranding of KOF-EE-AID.    U. S. v. 100 Cases of KOF-EE-AID.    Con¬
sent decree of condemnation.    Product ordered released under bond, con- 
ditioned that it he relabeled.    (F. D. C. No. 9889.    Sample No. 23539-F.)
On April 30, 1943, the United States attorney for the Eastern District of 
Pennsylvania filed a libel against 100 cases, each containing 12 jars, of 
KOF-EE-AID at Philadelphia, Pa., alleging that the article was shipped on 
or about April 7, 1943, from Patersoh, N. J., by the Industrial Sales Corp.; and 
charging that it was misbranded. The article was labeled in part: (Jars) 
"KOF-EE-AID 3 for 2 *. * * Finest coffee stretcher in the world. Made of 
pure roasted malt. * * * 'KOF-EE-AID' protects your natural coffee 
flavor."
The article was alleged to be misbranded (1)- in that the name "KOF-EE-AID" 
and the statements, "KOF-EE-AID protects your natural coffee flavor * * * 
Finest coffee stretcher in the world," were false and misleading as applied to 
an article consisting of ground, roasted malted barley and containing no coffee; 
(2) in that the statement "3 for 2," printed across the picture of a coffee cup 
and saucer, was false and misleading since it implied that KOF-EE-AID would 
stretch 2 cups of coffee to 3; and (3) in that its label failed to bear the common or 
usual name of the food, ground, roasted malted barley.
On May 14, 1943, the Industrial Sales Corp., claimant, having admitted the
allegations of the libel, judgment of condemnation was entered and the product
) was ordered released under bond, conditioned that it be relabeled under the
supervision of the Food and Drug Administration.   Subsequently the product was
destroyed by the claimant.