30912. Misbranding of canned peas.     U. S. v. 27, 84, and 29 Cases of Canned
Peas. Default decrees of condemnation. Product delivered to chari- 
table institutions. (F. & D. Nos. 45562, 45563, 45564. Sample NOB. 
66222-D, 66223-D, 66224-D.)
This product was substandard because the peas were not immature, more 
than 25 percent being ruptured, and it was not labeled to indicate that it was 
substandard.
On September 13, 1939, the United States attorney for the Southern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 140 cases of canned 
peas at Savannah, Ga.; alleging that the article had been shipped In Interstate 
commerce on or about July 19,1939, by the H. J. Moran Co. from Baltimore, 
Md.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Merlosa Brand 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 Agriculture 
for such canned food, since the peas were not immature and the package or 
label did not bear a plain and conspicuous statement prescribed by the Secre- 
tary indicating that it fell below such standard.
On October 17, 1939, no claimant having appeared, judgments of condemna- 
tion were entered and the product was ordered delivered to charitable 
institutions.
GROVER B. Hnx, Acting Secretary of Agriculture.