26304. Misbranding of canned peas.     V. S. v. 650 Cases and 350 Cases of Canned
Peas. Consent decree of condemnation. Product ordered released 
under bond to be relabeled. (F. & D. nos. 36892, 37088. Sample nos. 
50531-B, 50532-B.)
These cases involved canned peas that fell below the standard established by 
this Department because of an excessive number of peas that were not immature, 
and that were not labeled to indicate that they were substandard.
On or about January 7 and January 20, 1936, the United States attorney for 
the District of New Jersey, acting upon reports by the Secretary of Agriculture, 
filed in the district court libels praying seizure and condemnation of 1,000 cases 
of canned peas at Hoboken, N. J., alleging that the article had been shipped in 
interstate commerce on or about December 4, 1935, by G. L. Webster Co., Inc., 
from Cheriton, Va., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "New Boy Early June 
Peas   *   *   *   American Grocery Company Distributors Hoboken, N. J."
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 in that the peas were not immature, 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 October 5, 1936, the G. L. Webster Co., Inc., having appeared as claimant, 
and having admitted the allegations of the libels and consented to the entry of a 
decree, a consolidated judgment of condemnation was entered and it was ordered 
that the product be released under bond to be relabeled under the supervision of 
this Department.
M. L. WILSON, Acting Secretary of Agriculture.