20679. Misbranding of  canned  peas.     U.   S.  v.  50  Cases  and  900  Cases   of
Canned Peas. Decrees of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. nos. 29717, 29751. 
Sample nos. 33471-A, 33472-A.)
These actions involved shipments of canned peas that fell below the standard 
established by this Department, because of an excessive amount of hard peas- 
and excessive cloudiness of liquor, and that were not labeled to show that they 
were substandard.
On January 5, 1933, and January 16, 1933, the United States attorney for 
the Eastern District of Pennsylvania, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for the district 
aforesaid libels praying seizure and condemnation of 950 cases of canned peas, 
remaining in the original unbroken packages at Philadelphia, Pa., alleging that 
the article had been shipped in interstate commerce on or about July 12 and 
October 14, 1932, by the G. L. Webster Canning Co., from Cheriton, Va, to 
Philadelphia, Pa., and charging misbranding in violation of the Food and Drugs- 
Act. The article was labeled in part: "Webster's Cheriton Brand [or "Blue 
Dot Brand"] * * * Early June Peas Packed by G. L. Webster Canning: 
Co., Cheriton, Va."
It was alleged in the libels that the articles were misbranded in that they 
were canned food and fell below the standard of quality and condition promul- 
gated by the Secretary of Agriculture for such canned foods, and their packages 
or labels failed to bear a plain and conspicuous statement prescribed by the 
Secretary, indicating that they fell below such standard.
On January 27, 1933, the G. L. Webster Canning Co., Cheriton, Va., having 
appeared as claimant for the property, judgments of condemnation and for- 
feiture were entered, and it was ordered by the court that the products be 
released to the said claimant to be relabeled under the supervision of this 
Department, upon payment of costs and the execution of bonds totaling $950, 
conditioned that they should not be sold or otherwise disposed of contrary 
to law.
R. G. TUGWELL, Acting Secretary of Agriculture.