NOTICE OF JUDGMENT NO. 2175.
(Given pursuant to section 4 of the Pood and Drugs Act.)
MISBRANDING  OF CANNED  PEAS.
On October 23, 1911; the United States Attorney for the District 
of Kansas, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a 
libel for the seizure and condemnation of 150 cases each containing 
24 cans of peas remaining unsold in the original unbroken packages t 
and in possession of Joseph V. Stoltz, Leavenworth, Kans., alleging 
that the product had been shipped on or about September 12, 1911, 
by the Wabash Canning Co., Wabash, Ind., and transported from 
the State of Indiana into the State of Kansas and charging mis- 
branding in violation of the Food and Drugs Act. The product was 
labeled: (On cases) "Wabashee Brand Extra Sifted Peas, Packed by 
Wabash Canning Co., Wabash, Ind." (On cans) ' Wabashee Brand." 
(Design: cluster of green peas in pod) "Extra Sifted Early June 
Peas. Guaranteed by the Wabash Canning Co. under the Food and 
Drugs Act June 30, 1906. Serial No/8050. Net Weight of the Con- 
tents, about 20 Oz."
Misbranding of the product was alleged in the libel for the reason 
that the label thereon was false and misleading and calculated to 
mislead and deceive the purchaser into the belief that the product 
was extra sifted peas, when, in truth and in fact, it consisted of peas 
that had been soaked and not extra sifted early June peas as stated 
upon the label. Misbranding was alleged for the further reason that 
the label upon the outside of each can was such as to mislead and 
deceive the purchaser into the belief that the product consisted of 
extra sifted early June peas guaranteed by the Wabash Canning Co. 
under the Food and Drugs Act, when, in truth and in fact, it consisted 
of soaked peas and not extra sifted early June peas as stated upon 
the labels and was not manufactured within and under the restric- 
tions of the Pure Food and Drugs Act.
On July 18, 1912, the said Wabash Canning Co., claimant, having 
consented to enter into bond in conformity with section 10 of the 
Act in the sum of $500 and to pay all costs of the proceedings, it was
74441°—No. 2175—13
ordered by the court that upon fulfillment of the conditions set 
forth above the product should be released and delivered to said 
claimant, and on October 14, 1912, the libel was dismissed.
W. M. HAYS, 
Acting Secretary of Agriculture.
WASHINGTON, D. C, January 4, 1913.
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