30128. Misbranding of canned peas.    XT. S. v. 750 Cases of Canned Peas.    Con¬
sent decree of condemnation.    Product released under bond to be re- 
labeled.    (F. & D. No. 43024.   Sample No. 14622-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 July 9, 1938, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 750 cases of canned peas at 
Charlestown, Mass.; alleging that the article had been shipped in interstate 
commerce on or about March 29, 1938, from Baltimore, Md., by A. W. Sisk & 
Son; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Sky Chief Brand Early June Peas * * * packed 
by Lineboro Canning Company, Inc. Lineboro, Md."
Misbranding was alleged in that the article 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 regulation of this Department 
indicating that it fell below such standard.
On September 19, 1938, the Lineboro Canning Co., Inc., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond conditioned that it be relabeled 
under the supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.