28801. Misbranding of canned peas.    IT. S. v. 1,286 Cases of Peas.   Decree of con¬
demnation.    Product released under bond to be relabeled.    (F. & D. No.
41803.    Sample No. 1318-D.)
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 February 19, 1938, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 1,286 cases of canned peas at Balti- 
more, Md., alleging that the article had been shipped in interstate commerce 
on or about July 14, 1937, by H. M. Ruff & Son from Woodbine, Pa., and charging 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: "Mar-Lo Brand * * * Early June Peas * * * H. M. Ruff & 
Son Distributors Woodbine, Pa."
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 March 25, 1938, H. Weldon Ruff having appeared as claimant, judgment 
of condemnation was entered and the product was ordered released under bond 
conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.