27109. Misbranding of canned peas.     U. S. v. 14 Cases and 18% Cases of Canned
Peas. Default decrees of condemnation and destruction. (F. & D. nos. 
39070, 39119.    Sample nos. 28494-C, 29755-C.)
This product was labeled to convey the impression that it consisted of imma- 
ture peas, whereas it had been prepared from soaked dry peas.
On February 11 and 24, 1937, the United States attorney for the Western 
District of Pennsylvania, acting upon reports by the Secretary of. Agriculture, 
filed in the district court libels praying seizure and condemnation of 32% cases 
of canned peas at Monongahela, Pa., alleging that the article had been shipped 
in interstate commerce on or about October 14, 1936, and February 5, 1937, by 
the Elyria Canning Co., from Elyria, Ohio, and charging misbranding in viola- 
tion of the Food and Drugs Act. It was labeled in part: "May-Pole Brand 
Prepared from dry Peas * * * Packed by Elyria Canning Co. Elyria, 
Lorain Co.    Ohio."
The article was alleged to be misbranded in that the design of a dish of 
bright green peas on the label and the relative inconspicuousness of the state- 
ment "prepared from dry," as compared with that of the word "peas", were false 
and misleading and tended to deceive and mislead the purchaser when applied 
to an article that was prepared from soaked dry peas.
On April 8, 1937, no claimant having appeared, judgments of condemnation 
were entered and it was ordered that the product be destroyed.
W. R. GBEGG, Acting Secretary of Agriculture.