28077. Misbranding of canned peas.    U. S. v. 48 Cases of Peas.    Decree of con¬
demnation and destruction.    (F. & D. No. 39626.    Sample No. 42009-C.)
This product fell below the standard established by this Department because 
the peas were not immature, and it was not labeled to indicate that it was 
substandard.
On May 20, 1937, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 48 cases of canned 
peas at Norfolk, Va., alleging that the article had been shipped in interstate
commerce on or about January 18, 1937, by the H. J. McGrath Co. from Balti- 
more, Md., and charging adulteration in violation of the Food and Drugs Act 
as amended. The article was labeled in part: "Marathon Early June Peas 
* * * Champion Brand. The H. J. Moran Co. Baltimore, Md. U. S. A. 
Distributors."
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, and the package or label did 
not bear a plain and conspicuous statement prescribed by the Secretary of 
Agriculture indicating that it fell below such standard.
On January 7, 1938, a representative of the claimant, the H. J. Moran Co., 
having informed the United States attorney that condemnation would not be 
contested, the product was condemned and ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.