19410. Misbranding of canned peas.    U. S. v. 1,132 Cases, et al., of Canned
Peas. Judgments entered ordering product released under bond 
to be relabeled. (F. & D. Nos. 27328, 27343. I. S. Nos. 44362, 44363. 
S. Nos. 5476, 5500.)
Samples of canned peas from the shipments herein described having been 
found to fall below the legal standard for the article, in that they contained 
an excessive amount of hard peas, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of Missouri.
On December 1, 1931 and December 5, 1931, the United States attorney filed 
in the District Court of the United States for the district aforesaid libels praying 
seizure and condemnation of 1,528 cases of canned peas, remaining in the 
original and unbroken cases at St. Louis, Mo„ alleging that the article had 
been shipped in part on or about October 16, 1931, and in part on or about 
October 22, 1931, by H. M. Crites & Co., from Circleville, Ohio, and had been 
transported in interstate commerce from the State of Ohio into the State of 
Missouri, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Cans) " Crites Best Brand Garden 
Peas, [or " Peace Brand Garden Peas "] * * * H. M. Crites & Co., Packers 
& Distributors, Circleville, Ohio,"
It was alleged in the libels that the article was misbranded in that it was 
canned food and fell below the standard of quality and condition promulgated 
by the Secretary of Agriculture, since it contained an excessive amount of 
hard peas and its package or label did not bear a plain and conspicuous state- 
ment as prescribed by the Secretary of Agriculture, indicating that such canned 
food fell below such standard.
On January 20, 1932, H. M. Crites & Co., Circleville, Ohio, claimant, having 
admitted that the product was misbranded, and the court having found that 
the said product was fit for sale and consumption provided it first be labeled 
with a statement prescribed by the Secretary of Agriculture showing that it 
was substandard, decrees were entered ordering that the product be released 
to the said claimant upon payment of costs and the execution of bonds in the 
total amount of $2,000, conditioned in part that it should not be sold or dis- 
posed of contrary to the provisions of the food and drugs act or the laws of 
any State, Territory, or insular possession.
AETHXTE M. HYDE, Secretary of Agriculture.