29670. Misbranding of canned peas.    U. S. v. 76 Cases of Peas.    Default decree
of condemnation.    Product ordered delivered to a charitable Institution.
(F. & D. No. 43740.    Sample No. 26680-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On September 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 76 cases of canned 
peas at New York, N. Y.; alleging that the article had been shipped in inter- 
state commerce in part on or about October 13, 1937, and in part on or about 
June 17, 1938, by the H. J. McGrath Co. from Baltimore, Md.; and charging 
misbranding in violation of the Food and Drugs Act The article was labeled 
in part: "Marathon Early June Peas."
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 October 20, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution 
for consumption, not for sale.
M. L. WILSON, Acting Secretary of Agriculture.