27283. Misbranding of canned peas.     V. S. v. 76 Cases and 76 Cases of Canned
Peas. Consent decrees of condemnation. Product released under 
bond to be relabeled. (F. & D. nos. 37706, 39211. Sample nos. 62677-C, 
17934-C.)
This product was substandard because the peas were not immature, and was 
not labeled to indicate that it was substandard.
On May 5,1936, and March 12, 1937, the United States attorneys for the South- 
ern District of West "Virginia and the Eastern District of New York, acting upon 
reports by the Secretary of Agriculture, filed in their respective district courts 
libels paying seizure and condemnation of 76 cases of canned peas at Charleston, 
W. Va., and 76 cases of canned peas at Brooklyn, N. Y., alleging that they had 
been shipped in interstate commerce in part on or about February 13, 1936, and 
in part on or about February 9, 1937, 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: "Vimpep [or "Choptank Brand"] 
* * * Early June Peas, Phillips Sales Co., Inc., Cambridge, Md., U S. A. 
Distributors."
It 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, as evidenced by the high percentage of rup- 
tured peas, and its package or label did not bear a plain and conspicuous state- 
ment prescribed by the Secretary of Agriculture indicating that it fell below said 
standard.
On August 4,1936, and May 14,1937, the Phillips Sales Co., Inc., claimant, hav- 
ing admitted the allegations of the libels, judgments of condemnation were 
entered and it was ordered that the product be released under bond to be re- 
labeled under the supervision of this Department.
H. A. WALLACE, Secretary of Agriculture.