27055. Misbranding of canned peas.     U. S. v. 50 Cases of Canned Peas.     Default
decree of condemnation and destruction.     (F. & D. no. 38523.     Sample no. 
11645-C.)
This product fell below the standard for canned peas established by this 
Department, since the peas were not immature, and it was not labeled to 
indicate that it was substandard.
On November 9, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cases of canned 
peas at Charlestown, Mass., alleging that the article had been shipped in inter-
state commerce on or about July 22, 1936, from New Freedom, Pa., by has. G. 
Summers, Jr., Inc., and charging misbranding in violation of the Food and 
Drugs Act as amended. It was labeled in part: "Superfine Brand Early June 
Peas * * * has. G. Summers, Jr., Incorporated Canners, New Freedom, 
Pa.   Baltimore, Md."
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 
Agriculture indicating that it fell below such standard.
On February 8, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.