27081. Adulteration and misbranding of canned peas.     U. S. v. 50 Cases and 802
Cartons of Canned Peas.     Default decrees of condemnation and destruc- 
tion.     (F. & D. nos. 38897, 39031.    Sample nos. 29324-C, 29346-C, 32610-C.)
These peas were in part weevil-infested and were larger than the size indi- 
cated by the label.
On January 9 and February 3, 1937, the United States attorney for the Dis- 
trict of Oregon, acting upon reports by the Secretary of Agriculture, filed in
the district court libels praying seizure and condemnation of 802 cartons and 
50 cases of canned peas at Portland and Baker, Oreg., respectively, alleging 
that they had been shipped in interstate commerce in part on or about July 
10, 1936, and in part on or about August 6, 1936, by the Idaho Canning Co., 
from Payette, Idaho, and charging adulteration and misbranding in violation 
of the Food and Drugs Act. A portion of the article was labeled: "Arrow 
Rock Brand Large Sweet Sifted Peas Size 5 * * * Packed and Guaran- 
teed by Idaho Canning Co." The remainder was labeled: "Seven Peaks Brand 
June Peas   *    *    *   Packed by Idaho Canning Co. Payette and Wilder, Idaho."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy vegetable substance.
It was alleged to be misbranded in that the device of a circle borne on the 
label and intended to represent the exact size of the peas contained in the 
can, was false and misleading and tended to deceive and mislead the purchaser 
in that the said device represented that the peas in the can were only 10/32 
inch in diameter; whereas they were approximately 13/32 inch in diameter.
On March 10 and April 9, 1937, no claimant having appeared, judgments of 
condemnation were entered and it was ordered that the product be destroyed.
W. R. GKEGG, Acting Secretary of Agriculture.