25299. Misbranding of canned peas.     IT. S. v. 30 Cases of Canned Peas.     Default
decree of condemnation and destruction.     (F. & D. no. 35793.    Sample 
no. 38966-B.)
This case involved a shipment of canned peas which were substandard and 
which were not labeled to indicate that fact.
On July 26, 1935, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 30 cases of canned 
peas at Chicago, Ill., alleging that the article had been shipped in Interstate 
commerce on or about January 12 and January 17, 1935, by the Lange Can- 
ning Co., from Eau Claire, Wis., and charging misbranding in violation of 
the Food and Drugs Act as amended. The article was labeled in part: "Trtiax 
Brand Early June Peas * * * Packed by Lange Canning Co., Eau Claire, 
Wisconsin."
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 Secre- 
tary of Agriculture because the peas were not immature, and its package or
label did not bear a plain and conspicuous statement prescribed by regula- 
tions of this Department indicating that it fell below such standard.
On October 3, 1935, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
R. G. TTJGWEIX, Acting Secretary of Agriculture.