20321. Misbranding of canned red kidney beans, canned black-eyed peas,
canned lima beans, and canned brown bKans. U.S. v. 8% Cases 
of Red Kidney Beans, et al. Products ordered released under 
bond to be relabeled. (F. & D. nos. 28944, 28945, 28946, 28947. Sample 
nos. 2238-A, 2239-A, 2240-A, 2241-A.)
These actions involved the shipment of quantities of canned goods which 
were found to be short weight. Examination also showed that the lima beans 
and black-eyed peas had been prepared from soaked dry products.
On September 22, 1932, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying
seizure and condemnation of 8% cases of canned red kidney beans, 11% 
cases of canned black-eyed peas, 29% cases of canned lima beans, and', 
36% cases of canned brown beans, remaining in the original packages 
at Clovis, N.Mex., alleging that the articles had been shipped in inter- 
state commerce, in various consignments between the dates of September 
25,1930 and December 16, 1931, by the Waples Platter Co., of Fort Worth, Tex., 
from Farwell, Tex., to Clovis, N.Mex., and charging misbranding in violation 
of the Food and Drugs Act as amended. The articles were labeled in part: 
(Can) "Wapco Brand Red Kidney Beans [or "Black Eyed Peas", or "Baby 
Lima Beans ", or " Brown Beans "] Contents 16 Oz."
It was alleged in the libel that the articles were misbranded in that the state- 
ment on the cans, " Contents Sixteen Oz.", was false and misleading and 
deceived and misled the purchaser, since the cans were short weight. Mis- 
branding was alleged for the further reason that the articles were in package 
form and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the packages, since the statement on the label was incorrect. 
Misbranding was alleged with respect to the said canned black-eyed peas and 
lima beans for the further reason that the statements, " Black Eyed Peas " and 
"Lima Beans", borne on the label, were false and misleading and deceived 
and misled the purchaser when applied to soaked dry products.
On October 27, 1932, the Waples Platter Co. filed a claim and answer admit- 
ting the allegations of the libel, agreed to relabel the products to show the cor- 
rect weight, and to further relabel those which had been made from dried stock 
as " Soaked Dry Black Eyed Peas ", and " Soaked Dry Lima Beans", respec- 
tively. Judgment was thereupon entered ordering that the products be released 
to the said claimant upon payment of costs and the execution of a good and 
sufficient bond, conditioned that they be properly relabeled under the supervision 
of this Department.
R. G. TUGWELL, Acting Secretary of Agriculture.