878. Adulteration and misbranding of canned peas.    U. S. v. 32S Cases of Peas.
Decree of condemnation.    Product ordered released under bond to be re- 
labeled.    (F. D. C. No. 1519.   Sample No. 88105-D.)
This product was canned soaked dry peas and not early June peas as labeled.
On February 23, 1940, the United States attorney for the District of Mary- 
land filed a libel against 325 cases of canned peas at Thurmont, Md., alleging 
that the article had been shipped in interstate commerce on or about January 
29,1940, by Greenspan Bros, from Perth Amboy, N. J.; and charging that it was 
adulterated and misbranded. This shipment included goods, originally shipped 
to Greenspan Bros., which were returned to the packer, the Frederick City 
Packing Co., by direction of the broker for the latter firm. The article was 
labeled in part: "Richland Brand Early June Peas Packed by Frederick City 
Packing Co. Frederick, Maryland."
It was alleged to be adulterated in that soaked dry peas had been substituted 
wholly or in part for early June peas.
The article was alleged to be misbranded in that the statement on the label, 
"Early June Peas," and the design of peas in pods were false and misleading 
since the article was soaked dry peas.
On March 27,1940, judgment of condemnation was entered and it was ordered 
that the product be released under bond to the claimant, conditioned that it be 
relabeled under the supervision of the Food and Drug Administration.