28567.. Misbranding of canned peas. U. S. v. 382 Cases of Canned Peas. Prod- 
uct ordered released under bond to be relabeled. (F. & D. No. 40903. 
Sample No. 61868-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 November 23, 1937, the United States attorney for the Western District 
of Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 382 eases of 
canned peas at Erie, Pa., alleging that the article had been shipped .in interstate 
commerce on or about October 2,1937, by Phillips Sales Co., Inc., from Cambridge, 
Md., and charging misbranding in violation of the Food and Drags Act. The 
article was labeled in part: "Phillips Delicious Early June Peas * * * 
Packed by Phillips Packing Co., Inc., Cambridge, 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 and its package or label 
did not bear a plain and conspicuous statement prescribed by the Secretary 
indicating that it fell below such standard.
On January 6, 1938, Phillips Sales Co., Inc., claimant, having admitted the 
allegations of the libel, judgment was entered ordering release of the product 
under bond to be relabeled under the supervision of this Department.
W. R. GREGG, Acting Secretary of Agriculture.