605. Misbranding of canned peas.     IT.  S. v.  19 Cases and 23  Cases of Canned
Peas. Default decree of condemnation and destruction. Product ordered 
delivered to a charitable institution. (F. D. C. No. 1842. Sample Nos. 
10488-B, 10489-B.)
Examination showed this article to be soaked dry peas.
On April 18,1940, the United States attorney for the Southern District of New 
York filed a libel against 19 cases and 23 cases of canned peas at New York, 
N. Y., alleging that the article had been shipped in interstate commerce on or 
about December 20, 1939, and February 21, 1940, respectively, by W. H. Roberts 
& Co. from Baltimore, Md.; and charging that it was misbranded. The article 
was labeled in part: "Faust Brand Peas Packed for Sentney Wholesale Grocery 
Co., Hutchinson, Kans."; and '"Of Course' P M Brand Alaska Peas * * * 
Packed for Pratt-Mallory Co., Sioux City, Iowa."
The article was alleged to be misbranded in that the labeling on the cans, as 
set out above, was false and misleading, when applied to articles that were 
soaked dry peas.
On May 9, 1940, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to a charitable institution.