28444. Misbranding of canned peas.    U. S. v. 450 Cases of Peas.    Consent decree
of condemnation.    Product released under bond to be relabeled.    (F. & D.
No. 41837.    Sample No. 12000-D.)
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 
substandard.
On February 25, 1938, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 450 cases of canned peas 
at Brooklyn, N. Y., alleging that the article had been shipped in interstate com- 
merce on or about January 22, 1938, by Thomas Roberts & Co., of Philadelphia, 
. Pa., from Ridgely, Md., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: (Cans) "Caroline Brand Early 
June Peas   *    *    *    Saulsbury Bros. Inc. Distributors Ridgely,    *    *    *   Md."
It was alleged to be misbranded in that it was substandard, since more than 
25 percent of the peas were ruptured.
On March 23, 1938, Walter W. Thrasher, Willoughby J. Rothrock, and Linton 
A. Thrasher, trading as Thomas Roberts & Co., claimants, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and it was ordered that the product be released 
under bond conditioned that it be relabeled under the supervision of this 
Department.
HARRY L. BROWN, Acting Secretary of Agriculture.