26044. Misbranding of canned peas.     17. S. v. 266 Cases of Canned Peas.     Consent
decree of condemnation.    Product released under bond to be relabeled.
(F. & D. no. 87481.    Sample nos. 70611-B, 70G12-B.)
This case involved canned peas that fell below the standard established 
by this Department because they were not immature, as evidenced by the pres- 
ence of an excessive percentage of ruptured peas, and which were not labeled 
to indicate that they were substandard.
On March 28, 19S6, the United States attorney for the district of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 266 cases of canned peas at 
Trenton, N. J., alleging that the article had been shipped in interstate com- 
merce on or about August 22, 1935, by Phillips Packing Co., Inc., from Cam- 
bridge, Md., and charging misbranding in violation of the Food and Drugs Act 
as amended. The article was labeled in part: "Saleco Brand Early June Peas 
*    *    *   Phillips Sales Co., Inc., Cambridge, Md., U. S. A. Distributors."
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 the peas were not immature and its package or label did 
not bear a plain and conspicuous statement prescribed by the Secretary of Agri- 
culture indicating that it fell below such standard.
On June 12, 1936, the Phillips Sales Co., Inc., having appeared as claimant 
and having consented to an entry of a decree, judgment of condemnation was 
entered and it was ordered that tie product be released under bond conditioned 
that it be relabeled.
W. R. GBEGG, Acting Secretary of Agriculture.