28415. Misbranding of canned peas.    U. S. v. 350 Cases of Canned Peas.    Consent
decree of condemnation.    Product released under bond for relabeling.
(F. & D. No. 40839.    Sample No. 55216-C.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On November 15, 1937, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 350 cases of canned 
peas at Brockton, Mass., alleging that the article had been shipped in interstate 
commerce on or about August 14, 1937, by the Mason Canning Co. from 
Pocomoke City, Md., and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Sea View No. 4 Sieve Alaska 
Peas.   The Mason Canning Co. Pocomoke City Md."
It 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 Agri- 
culture, since the peas were not immature and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary of Agri- 
culture indicating that it fell below such standard.
On December 27, 1937, the Mason Canning Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and it was 
ordered that the product be released under bond conditioned that it be 
relabeled.
HABBT L. BEOWN, Acting Secretary of Agriculture.