29316. Misbranding of   canned  peas.    V.   S.   v.   358   Cases   of   Peas.     Consent
decree of condemnation.    Product released under bond to be relabeled.
(F. & D. No. 41946.    Sample No. 15209-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On March 18, 1938, the United States attorney for the Western District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 358 cases of canned 
peas at Kansas City, Mo.; alleging that the article had been shipped in inter- 
state commerce on or about October 23, 1937, by Johannes Pure Food Co. from 
Cleveland, Wis.; and charging misbranding in violation of the Food and 
Drugs Act.   The article was labeled in part: "Grocer Boy Brand Wisconsin
Early Variety Peas    *   *   *    Packed by Knellsville Pea Canning Company 
Port Washington, Wis."
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, since the peas were not immature and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicating 
that it fell below such standard,.
On September 2,1938, the Hershey Wholesale Grocery Co., Kansas City, Kans., 
claimant, having admitted the allegations of the libel, judgment of condemna- 
tion was entered, and the product was ordered released under bond condi- 
tioned that it be relabeled under the supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.