28412. Misbranding of canned peas.    U. S. v. 420 Cases of Canned Peas.    Product
released under  bond  for  relabeling.     (F.  &  D.  No.  41007.    Sample  No. 
58009-C.)
This product was substandard because the peas were not immature and it 
was not labeled to indicate that it was substandard.
On December 7, 1937, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 420 cases of canned peas at 
Richmond, Va., alleging that the article had been shipped in interstate commerce 
on or about September 14, 1937, from Hampstead, Md., by Bankert Bros., and 
charging misbranding in violation of the Food and Drugs Act as amended. The 
article was labeled in part: "Hampstead Brand Early June Peas Packed by 
Bankert Brothers Hampstead 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 Agriculture 
since the peas were not immature, and its 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 December 10, 1937, Bankert Bros., claimants, having petitioned the release 
of the product, it was ordered released under bond conditioned that it be 
relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.