28457. Misbranding of canned peas.    U. S. v. 63 Cases of Canned Peas.    Default
decree  of  condemnation  and  destruction.     (F.  & D.  No.  40581.    Sample 
No. 40602-C.)
These peas were not immature and they were not labeled to indicate that 
they were substandard.
On October 28, 1937, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 63 cases of canned peas at 
Chicago, Ill., alleging that the article had been shipped in interstate commerce 
on or about July 24, 1937, by the Merton Canning Co. from Merton, Wis., and 
charging misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Merton Brand Wisconsin Peas. * * * Packed by Merton 
Canning Co. Merton, Wis."
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, in that the peas were not immature and the package or label did not 
bear a plain and conspicuous statement, as prescribed, to that effect.
On December 13, 1937, no claimant having appeared, judgment of condemna- 
tion and forfeiture, with order of destruction, was entered.
HAEBY L. BEOWN, Acting Secretary of Agriculture.