28866.  Misbranding of canned peas.    V. S. v. 465 Cases of Canned Peas.    Consent 
decree of condemnation.    Product released under bond for relabeling:.
(F. & D. No. 40230.    Sample No. 44238-C.)
This product fell below the standard established by this Department because 
the peas were not immature, and it was not labeled to indicate it was sub- 
standard.
On or about September 4, 1937, the United States attorney for the Eastern 
District of South Carolina, acting upon a report by the Secretary of Agricul- 
ture, filed in the district court a libel praying seizure and condemnation of 
465 cases of canned peas at Columbia, S. C, alleging that the article had been 
shipped in interstate commerce on or about July 7, 1937, from Baltimore, Md., 
by J. Langrall & Bro., Inc.. and charging misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Maryland Chief Brand 
Early June Peas   *    *    *    Packed by J. Langrall & Bro. Inc., Baltimore, 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 Agricul- 
ture for such canned food, since the peas were not immature and more than 
25 percent of them were ruptured, and its package or label did not bear a 
plain and conspicuous statement prescribed by the Secretary of Agriculture 
indicating that such canned food fell below such standard.
On October 13, 1937, J. Langrall & Bro. Inc., having admitted the allega- 
tions of the libel and having consented to the entry 0f a decree, 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.