3917.?Misbranding of canned peas.  U. S. v. The John Boyle Co.   Plea of guilty.  Fine, SiO.
(F. & D. No. 4545.   I. S. No. 17463-d.)
On July 16, 1913, the United States attorney for the District of Maryland, acting?
upon a report by the Secretary of Agriculture, filed in the District Court of the United?
States for said district an information against The John Boyle Co., a corporation,?
Baltimore, Md., alleging shipment by said company, in violation of the Food and?
Drugs Act, on February 19, 1912, from the State of Maryland into the State of Illinois,?
of a quantity of canned peas which were misbranded. The product was labeled:?
(On shipping case) "2 doz. Size No. 2 Lotta Brand Peas Soaked Horner Chicago."
1914.]	SERVICE AND REGULATORY ANNOUNCEMENTS.	145
(On cans) "Lotta Brand Peas Packed by the John Boyle Co., Baltimore, Md.    Lotta?
Brand Peas."    (In small type on side of label) "Soaked."
Examination of a sample of the product by the Bureau of Chemistry of this depart??
ment showed the following results: Macroscopic! examination: Peas well developed,?
rather hard, tasteless. Radicle prominent. Some peas boiled to pieces. Liquor?
milky. Microscopical examination: Starch grains and tissues of hull well matured.?
Evidently a soaked pea. Misbranding of the product was alleged in the information?
for the reason that the labels on each of the cans containing the product bore the?
statement in substance and effect that the product consisted of "Lotta Brand Peas,"?
which statement was false and misleading, in that the term "Lotta Brand Peas"?
imported that the peas were green peas, whereas, in truth and in fact, they were not?
green but soaked peas. The word " soaked," although appearing on the labels, was dis??
connected from the word " peas," and was in such small type as to render it insufficient?
to correct the false impression created by the use of the word "peas." Misbranding?
was alleged for the further reason that the product was labeled so as to deceive and?
mislead the purchaser, because the labels on each of the cans containing the product?
bore the statement in substance and effect that the contents of the cans were " Lotta?
Brand Peas," which said statement was deceptive and misleading, in that the term?
"Lotta Brand Peas" imported that the peas were green peas, whereas, in truth and?
in fact, they were not green peas but soaked peas. The word "soaked," although?
appearing on the labels, was disconnected from the word "peas," and was in such?
small type as to render it insufficient to correct the false impression created by the?
use of the word "peas."
On October 9, 1913, the defendant company entered a plea of guilty to the informa??
tion and the court imposed a fine of $10.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, February 18, 1914-