28869. Misbranding of canned peas.    U. S. v. 998 Cases of Canned Peas.    Con¬
sent  decree   releasing  product  under  bond  for  relabeling.     (F.   & D.
No. 41855.    Sample No. 16924-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 March 2, 1938, the United States attorney for the Eastern District of Vir- 
ginia, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 998 cases of canned peas at 
Richmond, Va., alleging that the article had been shipped in interstate commerce 
on or about February 7, 1938, from Girdle tree, Md., by Burton Proctor & Son, 
and charging misbranding in violation of the Food and Drugs Act.
The article 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 for such canned food, in that the peas were not immature, and its 
package or label did not bear a plain and conspicuous statement prescribed by the 
Secretary of Agriculture indicating1 that such canned food fell below such 
standard.
On March 7, 1938, W. T. Onley Canning Co., Snow Hill, Md., claimant, having 
consented to the entry of a decree, the product was ordered released under bond 
conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.