and dealers may be informed and be able at once to place themselves in line with the decisions of the Department. In this way it is hoped that all injustice will be avoided in the execution of the law and everyone be given an opportunity to put himself right and to have due notice of decisions which may be made.
The Department will use every endeavor to reach prompt decisions, but must take time to collect the facts and subject them to a proper study; otherwise the decisions would not have the value which should attach to them in important matters affecting the execution of the law.
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 8, 1907.
(F. I. D. 50.)
IMITATION COFFEE.
A manufacturer writes as follows:
We beg to ask for your opinion as regards the hyphenated word "Cereal-Coffee,"
and whether or not we are entitled to its use for a cereal substitute for coffee. . . .
In our opinion the term "Cereal-Coffee" would come under the so-called trade-name
and distinctive name.
It is held that since the product mentioned is not a coffee it can not properly be called
by the term mentioned. Regulation 20 (d) provides that a distinctive name shall give
no false indication of character. The use of the name "cereal-coffee" might be taken
to indicate that the product is coffee or has the properties of coffee, and hence the use of
this term does not comply with the definition of distinctive name. Even if the product
consist in part of coffee, the name would not be correct. It is suggested that products
of this nature be designated as "imitation coffee," as provided in Regulation 21 (f). In
such case the word "imitation" should be in uniform type, on uniform background, and
should be given equal prominence with the word "coffee."
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 18, 1907.
(F. I. D. 51.)
COLORING OF BUTTER AND CHEESE.
Numerous inquiries, of which the following is an illustration, have been received by the Department:
Will you kindly inform me concerning the coloring of butter and cheese under the
pure-food law? Would it be unlawful to color butter and cheese as now practiced?
The coloring of butter is specifically permitted in the law of August 2, 1886 (24 Stat.,
209), and the coloring of cheese in the law of June 6, 1896 (29 Stat., 253). It is held by
the Department that the food and drugs act does not repeal the provisions of the acts
referred to above and the addition of harmless color to these substances may be practiced
as therein provided, and that the presence of coloring matter specifically recognized
by acts of Congress as a constituent is not required to be declared on the label.
James Wilson,
Secretary of Agriculture.
Washington, D. C., January 18, 1907.
