17176. Adulteration and Misbranding of canned peas.    U. S. v. 45 Cases of
Canned Peas.    Default decree  of condemnation, forfeiture, and 
destruction.     (F. & D. No. 24179.    I.  S. No. 010193.    S. No. 2420.)
On October 25, 1929, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure 
and condemnation of 45 cases of canned peas at Chicago, Ill., alleging that the 
article had been shipped by the Johannes Pure Food Co., Cleveland, Wis., June 
4, 1929, and transported from the State of Wisconsin into the State of Illinois, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: " Commerce Brand Wisconsin * * * 
Sweet Variety Peas   *    *    *   Packed by The Johannes Pure Food Co."
It was alleged in the libel that the article was adulterated in that thistle 
buds had been mixed and packed with the article so as to reduce and lower and 
injuriously affect its quality and strength, and had been substituted in part for 
peas.
Misbranding was alleged for the reason that the statement on the label, 
" Sweet Variety Peas," was false and misleading and deceived and misled the 
purchaser.
On February 20, 1930, 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 be destroyed by the United States marshal.
AETHUE M. HYDE, Secretary of Agriculture.