23057. Misbranding of canned peas. V. S. v. 1,000 Cases of Canned Peas. 
Decree of condemnation. Product released under bond to be re- 
labeled.     (F. & D. no.  33142.    Sample nos. 334-B, 392-B.)
This case involved a shipment of canned peas which fell below the standard 
established by this Department, because of the presence of excessive hard peas, 
and which was not labeled to show that it was substandard.
On July 28, 1934, the United States attorney for the Southern District of 
California, 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 Los Angeles, Calif., alleging that the article had been shipped in inter- 
state commerce, on or about June 16, 1934, by the Phillips Sales Co., from 
Baltimore, Md., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: " Phillips Delicious Early 
June Peas * * * Packed by Phillips Packing Company, Inc. Cambridge, 
Md."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture, because of excessive hard peas, and its package or label did not 
bear a plain and conspicuous statement prescribed by regulation of this Depart- 
ment indicating that it fell below such standard.
On August ISO, 1934, the Phillips Sales Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and it was 
ordered that the product be released under bond conditioned that it be relabeled 
under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.