25620. Misbranding of canned dry peas.     U. S. v. 79 Cases of Canned Dry Peas.
Decrees of condemnation.     Product released under bond to be relabeled.
(P. & D. no. 36423.    Sample no. 32506-B.)
This case involved canned dry peas that were labeled to convey the impres- 
sion that they were canned green peas.
On October 3, 1935, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 79 cases of canned 
dry peas at Memphis, Tenn., alleging that the article had been shipped in inter- 
state commerce on or about August 19, 1935, by the Blytheville Canning Co., 
Inc., from Blytheville, Ark., and charging misbranding in violation of the Food 
and Drugs Act The article was labeled in part: "Miss-Co Brand Prepared 
From Dry Peas * * * Packed by Blytheville Canning Co., Inc. Blytheville, 
Ark. [vignette showing two dishes of green peas]."
The article was alleged to be misbranded in that the prominent designation 
"Peas" was false and misleading and tended to deceive and mislead the pur- 
chaser when applied to a different generic product viz, "dry peas" and was 
not corrected by the relatively inconspicuous word "Dry." The article was 
alleged to be further misbranded in that the vignette showing dishes of green 
peas was false and misleading and tended to deceive and mislead the purchaser 
since it suggested that the product was canned peas; whereas it consisted of 
dried peas, a different generic product. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of 
another article, namely "Peas."
On November 21, 1935, the United States attorney for the Western District 
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
W. R GREGG, Acting Secretary of Agriculture.