3106.?Adulteration and misbranding of canned peas.   TJ. S. v. 50 Cases of Canned Peas.
Default decree
" of condemnation, forfeiture, and destruction.   (F. & D. No. 5223.?
S. No. 1810.)
On May 14, 1913, the United States Attorney for the Southern District of Georgia,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of the?
United States for said district a libel for the seizure and condemnation of 50 cases, each?
containing 24 cans of peas, remaining unsold in the original unbroken packages and?
in possession of the Nixon Grocery Co., Augusta, Ga., alleging that the product had?
been shipped on or about April 1, 1913, by S. H. Levin's Sons, Philadelphia, Pa., and?
transported from the State of Pennsylvania into the State of Georgia, and charging?
adulteration and misbranding in violation of the Food and Drugs Act. The product?
was labeled: (On cases) "2 dozen No. 2 cans?Celtic Brand peas?Packed from Dried?
green peas?by Alonzo Jones, Leipsic." (On cases) "Celtic brand peas?Packed?
from Dried green peas. Contents: Peas, salt, sugar and water?Celtic Brand??
Alonzo Jones, Packer, Leipsic, Del." Labels also bore pictures of green peas in a?
number of pods.
Adulteration of the product was alleged in the libel for the reason that each of the?
cans of peas contained peas'sour in both taste and odor, and said peas consisted wholly?
or in part of decomposed vegetable matter known to the trade as "Sour Flat," and said?
peas were not fit for use?as a food product.
Misbranding was alleged for the reason that the labels on the cans, with the pictures?
of fresh peas in pods, conveyed the impression that the cans contained fresh peas, and?
there was nothing appearing plainly and conspicuously on the labels to show that the?
peas were not fresh or to show that the same were sour.
326	
BUREAU  OF   CHEMISTRY.	
[May, 1914.
On October 24, 1913, no claimant having appeared for the property, judgment of?
condemnation and forfeiture was entered and it was ordered .by the court that the?
product should be destroyed by the United States marshal.
B. T. GALLOWAY, Acting Secretary of Agriculture.
WASHINGTON, D. 0., May 6, 1914-