24616. Misbranding of canned peas.    IT. S. v. 195 Cases of Canned Peas.    Con¬
sent   decree   of   condemnation.     Product   released   under   bond   to   be 
relabeled.     (F. & D. no. 35344.    Sample no. 32981-B.)
This case involved a shipment of canned peas which had been prepared from 
soaked dry peas, and which were labeled to convey the impression that they 
were prepared from green succulent peas.
On April 8, 1935, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 195 cases of canned 
peas at Kansas City, Mo., alleging that the article had been shipped in inter- 
state commerce in various shipments on or about September 7, 11, and 13, 1934, 
by the Norfolk Packing Co., from Plattsmouth, Nebr., and charging misbrand- 
ing in violation of the Food and Drugs Act. The labeling bore the following 
statements: "Grade A [or "B"] Sterling Quality Prepared from Dry Sweet 
Variety [or "Early Variety"] Peas * * * Distributed by Canned Food 
Mart Chicago, Ill.", and a vignette of green peas in pods.
The article was alleged to be misbranded in that the following statements 
and design, borne on the label, were false and misleading and tended to de- 
ceive and mislead the purchaser when applied to soaked dry peas: (Grade A) 
"Grade A Sweet Variety Peas"; (grade B) "Grade B [also on some labels 
"Sweet Variety Peas"]"; (all) "'If It's Canned It's Fresh' * * * Picked 
and packed when the Flavor is Perfect The fresh-from-the-garden flavor tells 
that the contents was canned immediately upon picking. Retaining that 
delicate and delicious flavor, * * * utmost in quality [vignette of green 
peas in pods]."
On April 25, 1935, the Norfolk Packing Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judg- 
ment 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.
W. R. GBEGG, Acting Secretary of Agriculture.