27309. Misbranding of canned peas.    U. S. v. 24 Cases of Canned Peas.    Default
decree  of condemnation and destruction.    (F. & D. no.  39081.    Sample 
no. 37202-C.)
This case involved canned peas that fell below the required standard of qual- 
ity and condition and were not labeled to indicate that fact.
On February 11, 1937, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 24 cases of peas at 
Reading, Pa., alleging that they had been shipped in interstate commerce on or 
about January 27, 1937, by Seeman Bros., Inc., from New York, N. Y., and 
charging misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Taylor Brand * * * Early June Peas Packed for The 
Frederick City Packing Company   Frederick, Md."
It was alleged to be misbranded in that it consisted of canned food and fell 
below the standard of quality and condition for such canned food since the peas 
were not immature, and its package or label did not bear a plain and con- 
spicuous statement prescribed by the Secretary of Agriculture indicating that 
it fell below such standard.
On March 22, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
H. A. WALLACE, Secretary of Agriculture.