31060. Misbranding of canned peas.    TJ. S. v. 72 Cases of Peas.    Default decree
of condemnation.    Product ordered delivered to charitable institutions.
(F. & D. No. 45596.    Sample No. 77742-D.)
This product fell below the standard established by this Department since 
the peas were not immature, and it was not labeled to indicate that it was 
substandard.
On February 23, 1940, the United States attorney for the Eastern* District 
of Pennsylvania filed in the district court a libel praying seizure and condemna- 
tion of 72 cases of canned peas at Philadelphia, Pa.; alleging that the article 
had been shipped in interstate commerce on or about October 13, 1939, by 
the B. F. Shriver Co. from Westminster, Md.; and charging misbranding in 
violation of the Food and Drugs Act It was labeled in part: (Cans) "Shriver 
Brand June'Peas."
The article was alleged to be misbranded in that the peas were not immature 
and its package or label did not bear a plain and conspicuous statement pre- 
scribed by the Secretary of Agriculture indicating that it fell below such 
standard.
On April 16, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to charitable institutions.
GROVER B. HILL, Acting Secretary of Agriculture.