24939. Misbranding of canned peas. V. S. v. 241 Cases of Canned Peas. Con- 
sent decree of condemnation. Product released under bond to be re- 
labeled.    (F. & D. no. 35479.    Sample no. 23838-B.)
This case involved an interstate shipment of canned peas which fell below 
the standard established by this Department because of the presence of an 
excessive percentage of ruptured peas, and which were not labeled to indicate 
that they were substandard.
On May 10,1935, the United States attorney for the Western District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 241 cases of canned peas 
at Buffalo, N. Y., alleging that the article had been shipped in interstate com- 
merce on or about February 28, 1935, by Francis H. Leggett & Co., from Cheri- 
ton, Va., and charging misbranding in violation of the Food and Dr.ugs Act as 
amended. The article was labeled in part: "Park Hall Brand 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, since it did not consist of immature peas as shown by the excessive
number of ruptured 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 May 27,1935, the G. L. Webster Co., Inc., having appeared as claimant for 
the property and having consented to the entry of a decree, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond conditioned that it be relabeled.
W. R. GREGG, Acting Secretary of Agriculture.