29169. Misbranding of canned dry peas.    IT. S. v. 50 Cases of Peas.    Default
decree of condemnation.     Product ordered delivered to charitable in- 
stitutions.     (F. & D. No. 42416.    Sample No. 17696-D.)
This product was cooked dry peas but was labeled to indicate that it was 
immature green peas.
On May 23,1938, the United States attorney for the Territory of Hawaii, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 50 cases of canned dry peas at Honolulu, 
Hawaii, consigned by Y. Takokuwa & Co., alleging that the article had been 
shipped from San Francisco, Calif., on or about April 23, 1938; and charging mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part: "Lodi Brand [vignette of dish of bright green peas] * * * Dry Cooked 
Peas   Parrott & Co. San Francisco California."
Misbranding was alleged in substance in that the design of a dish of immature 
green peas and the unduly emphasized word "Peas," borne on the label, were false 
and misleading and tended to deceive and mislead the purchaser since they gave 
the impression that the article was the usual canned immature peas, which 
misleading impression was not corrected by the relatively inconspicuous words 
"Dry Cooked."
On June 9, 1938, no claimant having appeared, judgment of forfeiture was 
entered and the product was ordered delivered to a charitable institution.
HARRY L. BROWN, Acting Secretary of Agriculture.