28194. Misbranding of canned peas. U. S. v. 75 Cases of Canned Peas (and 2 
other actions against the same product). Default decrees entered. 
Portion ordered delivered to charitable agencies; remainder condemned 
and destroyed. (F. & D. Nos. 39719, 39859, 40341. Sample Nos. 27126-C, 
27310-C, 27311-C.)
This product fell below the standard established by this Department because 
the peas were not immature, and it was not labeled to indicate that it was sub- 
standard.
On June 11, June 14, and September 20, 1937, the United States attorneys 
for the District of New Jersey and the Eastern District of New York, acting 
upon reports by the Secretary of Agriculture, filed in the district courts libels 
praying seizure and condemnation of 100 cases of canned peas at Newark, N. J., 
and 49 cartons of canned peas at Brooklyn, N. Y., alleging that the article had 
been shipped in interstate commerce in various shipments on or about March 
23, May 8, and June 9, 1937, by D. E. Foote & Co., Inc., from Baltimore, Md., 
and charging misbranding in violation of the Food and Drugs Act. The article 
was labeled: "Our Leader [or "Foote's Best Brand"] Early June Peas Packed 
by D. E. Foote & Co., Incorporated, Baltimore, Maryland."
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 indi- 
cating that it fell below such standard.
On October 26, 1937, no claimant having appeared for the property, the lots 
seized at Newark, N. J., were ordered delivered to charitable agencies and on the 
same date the lot seized at Brooklyn, N. Y., was condemned and ordered destroyed.
HARBY L. BROWN, Acting Secretary of Agriculture.