29160. Misbranding of canned peas.     IT. S. v. 1,246 Cases of Canned Peas.     Con¬
sent decree of condemnation.     Product released under bond for relabel- 
ing.    (F. & D. No. 42903.    Sample Nos. 12642-D, 25375-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 June 8, 1938, the United States attorney for the Southern District of New 
York, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 1,246 cases of canned peas; 
at New York, N. Y.; alleging that the article had been shipped in interstate 
commerce on or about April 29, 1938, from Lineboro, Md., by the Lineboro^ 
Canning Co.; and charging misbranding in violation of the Food and Drugs Act, 
The article was labeled in part: "Mason-Dixon Brand Early June Peas Packed 
by Lineboro Canning Co. Inc.    Lineboro, 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 July 22, 1938, the Lineboro Canning Co., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered released under bond 
conditioned that it be relabeled.
HARBY L. BROWN, Acting Secretary of Agriculture.