27690. Misbranding of canned peas.    TJ. S. v. 587 Cases and 303 Cases of Peas.
Decrees of condemnation.    Product released under bond to be relabeled.
(F. & D. No, 89712, 89868.    Sample Nos. 43561-C, 43593-C.)
This product fell below the standard for canned peas established by this 
Department because the peas were not immature, and it was not labeled to 
indicate that it WHS substandard.
On or about June 14 and June 18, 1937, the United States attorney for the 
Southern District of Florida, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 
587 cases of canned peas at Tampa, Fla., and 303 cases of canned peas at 
Jacksonville, Fla , alleging that they had been shipped in interstate commerce by 
the Colt & Dixon Packing & Manufacturing Co. from Frederick, Md., on or 
about May 1 and May 7, 1937, and charging misbranding in violation of the 
Food and Drugs Act.   The article was labeled in part: (Cans)  "Dixon Brand
Early June Peas   *   *   *   Distributed By Colt & Dixon Packing & Mfg. Co. 
Frederick, Md."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture since the peas were not immature, more than 25 percent being 
ruptured; and its package or label did not bear a plain and conspicuous state- 
ment prescribed by the Secretary indicating that it fell below such standard.
On June 29 and July 9, 1937, Bonacker Bros., Inc., Tampa, Fla., and the 
Colt & Dixon Packing & Manufacturing Co., claimants, respectively, for the 
lots seized at Tampa, Fla., and Jacksonville, Fla., having admitted the allega- 
tions of the libels, judgments of condemnation were entered and the product was 
ordered released to claimants under bond conditioned that it be relabeled to 
conform to the law.
M. L. WILSON, Acting Secretary of Agriculture.