13234. Misbranding and alleged adulteration of canned peai    U. S. v. 140
Cases  of Peas.    Product relabeled and released to claimant.     (F.
& D. No. 17986.    I. S. No. 875-v.    S. No. E-4569.)
On November 13, 1923, the United States attorney for the Southern District 
of Georgia, 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 140 cases, each containing 2 dozen cans, of peas, remain- 
ing in the original unbroken packages at Savannah, Ga., alleging that the 
-article had been shipped by the California Packing Corp., from San Francisco, 
Calif., on or about September 25, 1923, and transported from the State of 
California into the State of Georgia, and charging adulteration and mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: (Can) "Jubilee Brand Peas * * * California Packing Corporation, 
Main Office San Francisco, California, U. S. A.," together with a cut showing 
peas in pods, pea blossoms, and vines.
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, pea berry shells, had been mixed and packed therewith so 
-as to reduce and lower and injuriously affect its quality and had been sub- 
stituted in part for peas, which the said article purported to be.
Misbranding was alleged for the reason that the statement, design, or 
device, borne on the cans containing the article, to wit, " Peas" and the 
-design showing peas in pods, pea blossoms and vines were false and mis- 
leading and deceived and misled the purchaser, in that they represented that 
the article was whole peas, whereas it was not whole peas but was an article 
containing pea berry shells and split and broken peas. Misbranding was 
?alleged for the further reason that the article was offered for sale under the 
distinctive name of another article, to wit, peas.
On January 14, 1924, B. T. Sheftall & Co., Savannah, Ga., having appeared 
as claimant for the property praying the opening of the decree of condemna- 
tion theretofore entered, judgment of the court was entered, finding the product 
misbranded and ordering that the said decree of condemnation be vacated 
and that the product be delivered to the claimant upon its being properly 
relabeled.
R. W. DUWLAP, Acting Secretary of Agriculture.