28787. Misbranding of canned peas.    to. S. v. 126 Cases of Canned Peas.   Default
decrees of condemnation. Property ordered delivered to charitable in- 
stitution.    (F. & D. No. 41198.   Sample No. 48451-C.)
This product was substandard because the peas were not immature, and it was 
not labeled to indicate that it was substandard.
On December 21,1937, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the district court
a libel praying seizure and condemnation of 126 cases of canned peas at 
Washington, D. C., alleging that the article had been shipped in interstate 
commerce on or about October 6, 1937, by Frederick City Packing Co. from 
Thurmont, Md., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Lyric Brand Early June Peas * * * 
M. E. Horton, Inc., Distributors, Washington, D. C."
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 Agricul- 
ture, 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 
to the effect that such canned food fell below such standard.
On March 18, 1938, default decree of condemnation was entered, and it was 
ordered that the property be delivered to certain charitable organizations for 
their use and not for sale.
M. L. WILSON, Acting Secretary of Agriculture.