13054. Adulteration and misbranding- of canned peas.     V. S. v. 65 Cartons
of Peas. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 19525. 1. S. No. 17122-v. S. No. 
E-5109.)
On January 22, 1925, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district a libel praying the 
seizure and condemnation of 65 cartons of peas, remaining in the original un- 
broken packages at Allentown, Pa., consigned by the G. L. Webster Canning 
Qo., Cheriton, Va., alleging that the article had been shipped from Cheriton, 
Va., -on or about July 16, 1924, and transported from the State of Virginia into 
the State of Pennsylvania, and charging adulteration and misbranding in vio- 
lation of the food and drugs act. The article was labeled in part: (Can) " Bay 
Side Brand Sifted Early June Peas * * * Packed By G. L. Webster Can- 
ning Co. Cheriton, Va."
Adulteration of the article was alleged in the libel for the reason that a 
substance, excessive brine, had been mixed and packed with and substituted 
wholly or in part for the said article.
Misbranding was alleged for the reason that the designation " Peas " was 
false and misleading and deceived and misled the purchaser.
On February 9, 1925, the G. L. Webster Canning Co., Cheriton, Va., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be re- 
leased to the said claimant upon payment of the costs of the proceedings and 
the execution of a bond in the sum of $150, in conformity with section 10 of the 
act, conditioned in part that it be relabeled under the supervision of this 
department.
R. W. DUNLAP, Actmg Secretary of Agriculture.