29074. Misbranding of canned peas.    U. S. v. 341 Cases of Canned Peas (and 1
similar seizure action). Decrees ordering; product released under bond 
for relabeling.    (F. & D. Nos. 41553, 41692.    Sample Nos. 1303-D, 1305-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 January 28 and February 11, 1938, the United States attorney for the 
Eastern District of Virginia, acting upon reports by the Secretary of Agricul- 
ture, filed in the district court two libels praying seizure and condemnation 
of 876 cases of canned peas at Richmond, Va.; alleging that the article had
been shipped in interstate commerce on or about October 16 and December 15, 
1937, from Cambridge, Md., by Phillips Sales Co., Inc.; and charging mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: "Choptank Brand Early June Peas * * * Phillips Sales Co., Inc., 
Cambridge, Md."; or "Phillips Delicious Early June Peas, * * * Phillips 
Packing Co., Inc., Cambridge, 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 Agri- 
culture for such canned food, since the peas were not immature and its pack- 
age or label did not bear a plain and conspicuous statement prescribed by 
the Secretary of Agriculture indicating that it fell below such standard.
On May 10, 1938, Phillips Sales Co., Inc., having appeared as claimant, 
decrees were entered ordering the product released under bond with the con- 
dition that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.