24701. Misbranding of canned peas. U. S. v. 300 Cases, et al., of Canned Peas. 
Consent decrees of condemnation. Product released under bond to lie 
relabeled. (F. & D. nos. 29175, 29262, 29311, 29312, 29324, 29332, 29554, 
29562, 29563, 29581, 29599, 29622, 29661. Sample nos. 2365-A, 2366-A, 
4583-A, 4747-A, 16161-A, 18833-A, 21211-A, 21212-A, 23909-A, 24145-A, 
26338-A, 26748-A, 30087-A.)
These cases involved various shipments of canned soaked dry peas which 
were misbranded because of the design on the label depicting a dish of succu- 
lent green peas.
On November 5, 1932, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 300 cases of canned peas at 
Toledo, Ohio. Between the dates of November 9 and December 21, 1932, libels 
were filed against 464% cases of the product at St. Louis, Mo., 170 cases at 
Denver, Colo., 107 cases at Wichita, Kans., 296 cases at Detroit, Mich., 85 cases 
at Chicago, Ill., 96 cases at San Antonio, Tex., 148 cases at Newburg, N. Y., 
and 400 cases at Kingston, N. Y. The libels charged that the article had been 
shipped in Interstate commerce by the Morgan Packing Co., from Austin, Ind.; 
that the shipments had been made on or about August 28, 1932, and at various 
times subsequent thereto up to and including December 10, 1932; and that it 
was misbranded in violation of the Food and Drugs Act. The shipments with 
one exception were labeled: "May-Field" [or "Indiana Brand" or "Sunny-Field 
Brand"] Prepared from Dry [or "Soaked"] Peas Edinburg Canning Co. 
* * * Edinburg Indiana." One shipment was labeled in part: "Woodland 
Prepared from Dry Peas." The various labels all bore a prominent illustration 
of a dish of succulent green peas.
Joseph S. Morgan and Ivan C. Morgan, copartners, trading as the Morgan 
Packing Co., Austin, Ind., appeared as claimant and filed answers to the libels 
denying that the product was misbranded and praying its release. Amended 
libels were subsequently filed in all cases.
The product libeled in the Eastern District of Michigan, Northern District of 
Illinois, and Western District of Texas, was alleged to be misbranded in that 
the device of a dish of succulent green peas on the label, was false and mislead- 
ing and deceived and misled the purchaser when applied to a product consisting 
of canned mature soaked peas. The product libeled in the Eastern District of 
Missouri, Northern District of Ohio, and District of Colorado, was alleged to 
be misbranded in that the prominent statement "Peas" and the device of a dish 
of succulent green peas, were false and misleading and deceived and misled the 
purchaser when applied to a product consisting of canned, mature, soaked dry 
peas. The product libeled In the District of Kansas and Southern District of 
New York, was alleged to be misbranded in that the design of a dish of succu- 
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lent green peas on the label was false and misleading and deceived and misled 
the purchaser when applied to canned mature soaked dry peas, and in that the 
first three words in the phrase "Prepared from Dry Peas" printed directly 
below the said device, were printed in inconspicuous type; whereas the fourth 
word "Peas" was printed in large prominent type, and the said phrase or state- 
ment was therefore misleading.
On May 24, 27, and 28, June 4, July 15, and August 8, 1935, the claimants 
having filed amended answers admitting the allegations of the amended libels, 
and having consented to the entry of decrees, Judgments of condemnation were 
entered and it was ordered that the product be released under bond conditioned 
that it be relabeled under the supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.