F. & D. Nos. 3482, 3483.
S. No. 3295.	
Issued September 27, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1685.
(Given pursuant to section i of the Food and Drugs Act.)
MISBRANDING OF PEAS.
On February 29, 1912, the United States Attorney for the Eastern?
District of Missouri, acting upon a report by the Secretary of Agri??
culture, filed in the District Court of the United States for said?
district libels for the seizure and condemnation of canned peas, re??
maining unsold in the original unbroken packages, 100 cases in pos??
session of the Luebbering Bros. Grocer Co.. a corporation, St. Louis,?
Mo., and 100 cases in possession of J. H. Sehnert, St. Louis, Mo.,?
alleging that both consignments had been shipped by the Dundas?
Canning Co., Dundas, Wis., on or about October 27, 1911, and trans??
ported from the State of Wisconsin into the State of Missouri, and?
charging misbranding in violation of the Food and Drugs Act. The?
100 cases in possession of Luebbering Bros. Grocer Co. and cans con??
tained therein were labeled: ?' Equity Brand Early June Peas.?
Raised and packed in Calumet County, the pea garden of Wisconsin.?
Equity Brand. Guaranteed by the Dundas Canning Company under?
the Food and Drugs Act, June 30, 1906. Serial No. 26118. Net?
Weight about 21 oz. Packed by Dundas Canning Co., Dundas, Wise.?
I am a young blower and never will rest until you know our peas are?
the best." The 100 cases and cans contained therein in possession of?
J. N. Sehnert were labeled; " Wolf Brook Brand. Packed by Dundas?
Canning Co. Dundas, Wise. Early June Peas. Raised and packed?
in Calumet County the pea garden of Wisconsin. Guaranteed by?
Dundas Canning Company under the Food and Drugs Act June 30,?
1906.   Serial No. 26118.   Net Weight about 21 oz."
Misbranding of the 100 cases in possession of Luebbering Bros.?
Grocer Co. was alleged in the libel for the reason that the labels upon
55006??No. 1685?12
the cases, and cans contained a statement, design, and device regard??
ing the product, to wit, " Early June Peas," which was false and mis??
leading, in that said statement could be properly applied only to* peas?
of a certain size which were fresh, green, and succulent, and the peas?
in the cases and cans were not fully matured and were of poor quality?
and for the most part were hard through having been permitted to?
dry upon the vines, and said peas were not fresh, green, and succu??
lent, as said label implied and would lead the purchaser thereof to?
believe. Misbranding of the product in possession of J. NV Sehnert?
was alleged in the libel for the reason that the labels upon the cases?
and cans of the product contained a statement, design, and device?
regarding the product, to wit, "Early June Peas," which was false?
and misleading in that said statement could be properly applied only?
to peas of a certain size which were fresh, green, and succulent,' and?
the peas contained in said cases and cans were of poor quality, were?
irregular in size, were immature and hard through having been per??
mitted to dry upon the vines, and said peas were not fresh, green,?
and succulent as the labels implied and would lead the purchaser?
thereof to believe. On May 2, 1912, the said Dundas Canning Co.?
having confessed the allegation of the libel and consented to the?
decree, judgment of condemnation and forfeiture was entered and?
it was further ordered that, upon payment of all costs of the proceed??
ings by said claimant and the presentation of bond by it in the sum?
of $400, in conformity with section 10 of the Act, the 111 cases of?
the product that had been seized should be released and delivered to
said claimant.
JAMES WILSON,
Secretary of Agriculture.
WASHINGTON, D. C, July 26, 1912.
1685