27440. Misbranding of canned peas.     IT. S. v. 60 Cases and 851 Cases of Canned
Peas.     Decrees  of  condemnation.     Portion  of product  released  under 
bond conditioned that it be relabeled.     Remainder ordered destroyed.
(F. & D. nos. 39394, 39862.    Sample nos. 8066-C, 20616-C.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On April 22 and June 15, 1937, the United States attorneys for the Districts 
of Connecticut and Maryland, acting upon reports by the Secretary of Agricul- 
ture, filed in their respective district courts libels praying seizure and con- 
demnation of 60 cases of canned peas at Manchester, Conn., and 851 cases of 
canned peas at Baltimore, Md., alleging that the article had been shipped in 
interstate commerce in various shipments on or about July 17 and August 14, 
1936, and May 17, 1937, by A. Krasne, Inc., from New York, N. Y., and charging 
misbranding in violation of the Food and Drugs Act as amended. A portion 
of the article was labeled: (Cans) "Union Jack Early June Peas * * * 
Calvert Canning Co. Baltimore, Md., Distributors." The remainder was la- 
beled: "Imperial Brand * * * Early June Peas * * * Lord-Mott Co. 
Baltimore, 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—more than 25 percent being 
ruptured; 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 
such standard.
On June 14, 1937, no claimant having appeared for the product seized at 
Manchester, Conn., judgment of condemnation was entered and it was ordered 
destroyed. On June 18, 1937, a claim having been entered for the product seized 
at Baltimore, Md., judgment of condemnation was entered. The decree pro- 
vided that the product might be released under bond conditioned that it be 
relabeled.
M. L. WILSON, Acting Secretary of Agriculture.