38185. Misbranding of canned peas.    U. S. v. 300 Cases of Canned Peas.    Decree
of condemnation.   Product released under bond for relabeling.    (F. & D.
No. 40165.   Same No. 44222-C.)
This product was substandard since the peas were not immature, and it was 
not labeled to indicate that it was substandard.
On August 23, 1937, the United States attorney for the Western District 
of North Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 300 cases of 
canned peas at Charlotte, N. C, alleging the article had been shipped in inter-
state commerce on or about June 26, 1937, by the Southern Packing Co., Inc., 
from Baltimore, Md., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled: (Cans) "Blue-Ri-Co Brand 
*    *    *      Southern Packing Co., Inc., Smithburg, Md."
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 Agri- 
culture since the peas were not immature, and the 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 November 29, 1937, the Southern Packing Co., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered released 
under bond conditioned that it be relabeled to comply with the law.
HAEET L. BROWN, Acting Secretary of Agriculture.