25777. Misbranding of canned peas.     U. S. v. 24 Cases and 19 Cases of Canned
Peas.     Default decree of condemnation and destruction.     (F. & D. no.
37096.    Sample nos. 54241-B, 54242-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 January 22, 1936, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 24 cases and 19 cases 
of canned peas at Shenandoah, Pa., alleging that the article had been shipped 
in interstate commerce, on or about July 6, 1934, by Howard E. Jones & Co., 
from Baltimore, Md., and that it was misbranded in violation of the Food and 
Drugs Act as amended. The article in the lot of 24 cases was labeled in part: 
"Farm Queen Brand Early Variety Size No. 3 Small May Peas Contents 1 Lb. 
4 Oz. Distributed by W. Numsen & Sons, Inc. Baltimore, Md." The article 
in the lot of 19 cases was labeled in part: "Fedora Brand First Quality Garden 
Run Peas Contents 1 Lb. 4 Oz. Guaranteed to comply with the National and 
State pure food laws * * * Packed by Fredonia Preserving Co. Main 
Office Fredonia, Chautauqua Co. N. T."
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, and its package or label did not bear a 
plain and conspicuous statement prescribed by the Secretary of Agriculture 
indicating that it fell below such standard.
On February 27, 1936, no claimant having appeared, judgment of condemna- 
tion was entered, and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.