23306. Misbranding of canned peas.     U. S. v. 1,100 Cases  of Canned Peas.
Consent decree of condemnation and forfeiture.    Product released 
under bond to be relabeled.    (F. & D. no. 33058.    Sample no. 65487-A.")
This case involved a shipment of canned peas that contained an excessive 
amount of ruptured and hard peas, and that were not labeled to indicate that 
they were substandard.
On July 7, 1934, the United States attorney for the Eastern District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 1,100 cases of canned 
peas at Detroit, Mich., alleging -that the article had been shipped in interstate 
commerce, on or about May 8, 1934, by the G. L. Webster Canning Co., Inc., 
from Cheriton, Va., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Can) "Webster's 
Select Quality Early June Peas * * * Packed by G. L. Webster Company, 
Incorporated, Cheriton, Virginia."
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 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 August 22, 1934, the G. L. Webster Co., Inc., having appeared as claimant, 
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.