21625. Misbranding of  canned  pens.    "U. S. v. 1,000 Cases  of Canned Peas.
Decree of condemnation.    Product released under bond to be re- 
labeled.     (K. & D. no. 30820.    Sample no. 42373-A.)
This case involved an interstate shipment of a product which was repre- 
sented to be canned sugar peas but which consisted of Alaska peas, a lower 
grade than sugar peat.
On August 4, 1933. the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,000 cases of canned 
peas at Richmond. Ind., alleging that the article had been shipped in interstate 
commerce on or about June 26. 1933. by H. M. Crites &. Co., from Ashville, Ohio, 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: " Merrit Brand Sugar Peas * * * Packed lor A. H. 
Perfect and Company. The Eavey Company."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " Sugar Peas '", borne on the label, was false and misleading and deceived 
and misled the purchaser when applied io a product which was low-grade 
Alaska variety peas. Misbranding was alleged for the further reason that the 
article was sold under the name of another article.
On September 30, 1933, the Eavey Co., Richmond, Ind., having appeared 
as claimant for the property and having consented to the entry of a decree, 
judgment of condemnation was entered, and it was ordered by the court that 
the product be released to the claimant upon payment of costs and the execution 
of a bond in the sum of $3,000. conditioned that it be relabeled under the super- 
vision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.