21173. Misbranding of  canned  peas.   U.   S. v. 210 Cases  of  Canned Peas.
Decree  of condemnation  entered.   Product  released under bond.
(F. & D. no. 30056.    Sample no. 38033-A.)
This case involved an interstate shipment of canned peas that contained 
an excessive amount of hard peas not labeled to indicate that they were 
substandard.
On April 5, 1933, the United States attorney for the District of Delaware, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 210 cases of canned peas at 
Wilmington, Del., alleging that the article had been shipped in interstate 
commerce, on or about February 22, 1933, by Phillips Sales Co., Inc., from 
Cambridge, Md., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: " Absco Brand Early June Peas * * * 
Phillips Sales Co. Inc. Cambridge, Maryland, U. S. A. Distributors."
It was alleged in the libel 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 for such canned food, because of the presence 
of an excessive amount of hard peas, and its package or label did not bear a 
plain and conspicuous statement prescribed by regulation of this Department, 
indicating that it fell below such standard.
On June 7, 1933, the Phillips Packing Co. Inc., Cambridge, Md., having 
appeared as claimant for the property and having paid costs of the proceedings, 
judgment of condemnation was.entered and it was ordered by the court that 
the product be released to the claimant under bond in the sum of $224.25, 
conditioned that it should not be sold or otherwise disposed of contrary to the 
Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.