25726. Misbranding of canned peas.    V.  S. v. 142 Cases of Canned Peas.    De¬
fault decree of condemnation and destruction. (F. & D. no. 37202. 
Sample no. 65546-B.)
This case involved an interstate shipment of canned peas that fell below the 
standard established by the Department of Agriculture because of the presence 
of an excessive proportion of ruptured peas, and the product was not labeled to 
indicate that it was substandard.
On February 19, 1936, the United States attorney for the District of Rhode 
Island, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 142 cases of canned peas at 
Providence, R. I., alleging that the article had been shipped in interstate coro 
merce, on or about January 10,1936, by Charles G. Summers, Jr., from Baltimore, 
Mel., and that it was misbranded in violation of the Food and Drugs Act. The 
article was labeled: "Pacco Delicious Brand Early June Peas Contents 1 Lb. 4 Oz. 
Pennsylvania Canning Co.   Canners   New Freedom, Pa."
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 for such canned food, for the reason that the peas were not imma-
ture, since more than 25 percent thereof were ruptured, and the package or label 
did not bear a plain and conspicuoixs statement prescribed by the Secretary of 
Agriculture indicating that it fell below such standard.
On March 4, 1836, no claimant having appeared, judgment of condemnation 
was entered, and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.