29186. Misbranding of canned peas.    TJ. S. v. 588 Cases of Canned Peas.     Con¬
sent decree of condemnation.    Product released under bond for relabel- 
ing.     (F. & D. No. 41686.    Sample No. 2111-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 February 19, 1938, the United States attorney for the District of South 
Dakota, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 588 cases of canned peas at 
Sioux Falls, S. Dak.; alleging that the article had been shipped in interstate 
commerce on or about October 1, 1937, from Valders, Wis., by Valders Canning 
Co.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Cracker Jack Brand Wisconsin * * * Early 
Variety Peas   *   *   *   Valders Canning Co. Valders Wisconsin."
It was alleged to be misbranded in that it was substandard because the peas 
were not immature, since the alcohol-insoluble solids of the drained peas exceeded 
23.5 percent, and the labels did not bear a plain and conspicuous statement pre- 
scribed by the Secretary of Agriculture indicating that the contents were 
substandard.
On April 29, 1938, Valders Canning Co., claimant, having admitted the allega- 
tions 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.