3216.?Adulteration and misbi-anding: of canned peas.   IT.  S. v.  10  Cases  of
Canned Peas.   Default decree of condemnation, forfeiture, and de??
struction.     (F. & D. No. 5408.     S. No. 1976.)
On November 3, 1913, the United States Attorney for the Southern District of?
New York, 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 10 cases, each, containing 2 dozen cans of peas, remaining?
unsold in the original unbroken packages and in possession of Thomas Stokes &?
Son, New York, N. Y., alleging that the product had been shipped on or about?
August 22, 1912, by S. H. Levin's Sons, Philadelphia, Pa., and transported from?
the State of Pennsylvania into the State of New York, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act. The product?
was labeled: (On cases) "2 doz. No. 2 cans Celtic Brand Peas packed from?
dried green peas by Alonzo Jones, Leipsic, Del." (On cans:) "Celtic Brand?
Peas packed from dried green peas Celtic Brand Alonzo Jones, Packer, Leipsic,?
Del. Contents: Peas, salt, sugar and water." (Pictorial representation of?
green peas on vine.)
Adulteration of the product was alleged in the libel for the reason that it?
consisted in part of decomposed vegetable matter, and, further, in that a sub??
stance had been mixed and packed with the article so as to reduce, lower, and?
injuriously affect its quality and strength, namely, that dried, soaked peas had?
been substituted for green peas in packing contrary to the provisions of sec??
tion 7, subdivisions 1 and 6 under " Food " of said Food and Drugs Act. Mis??
branding was alleged for the reason that the expression " Packed from dried?
green peas," in small type against dark background on label, did not correct?
the misleading effect of the principal label.
On November 24, 1913, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. C, May 26, 1914-