231.76. Misbranding of canned peas. U. S. v. 650 Cases, et al., of Canned
Peas. Consent decrees of conde1nnation. Product released under
bond for relabeling. (F. & D. nos. 33163, 33164, 33392, 33393. Sample
nos. 481-B, 482-B, 502-B, 503-B.)
These cases involved canned peas that showed the presence of an excessive
proportion of hard or mature peas and were not labeled to indicate that they
were substandard.
On August 8, 1934, the United States attorney for the Southern District o:t
California, acting upon a report by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 1,650 cases of canned
peas at Los Angeles, Calif. On September 1, 1934, a libel was filed (amended
November 12, 1934) against 1,850 cases of canned peas at Los Angeles, Calif.
It was alleged in the libels that the article had been shipped in interstate commerce,
by the Phillips Packing Co., in part on or about June 16, 1934, from
Baltimore, Md., and in part on or about July 14, 1934, from Cambridge, Md.,
and that it was misbranded in violation of the Food and Drugs Act as amended.
The article was labeled in part : " Phillips Delicious Early June Peas • • •
Packed by Phillips Packing Co., Inc., Cambridge, Md."
The libels charged that the article was misbranded in that it was canned
food and fell below the standard of quality and condition promulgated by the
Secretary of Agriculture, because of the presence of excessive hard or mature
peas and its package or label did not bear a plain and consp~cuous statement
prescribed by regulation of this Department, indicating that it fell below such
standard.
On August 10 and November 14, 1934, the Phillips Sales Co., claimant, having
admitted the allegations of the libels and having consented to the entry of
decrees, judgments of condemnation were entered and it was ordered by the
court that the product be released under bond, conditioned that it be relabeled
under the supervision of this Department.