28899. Misbranding of canned peas.   IT. S. v. 654 Cartons of Canned Peas.   Decree
of condemnation.   Product released under bond for relabeling.    (F. & D.
No. 41874.   Sample No. 17045-D.)
This product fell below the standard established by this Department since the 
peas were not immature, and it was not labeled to indicate that it was sub- 
standard. Moreover, its labeling bore a false and misleading statement regard- 
ing the variety of the peas.
On March 4, 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 654 cartons of canned peas at Balti- 
more, Md., alleging that the article had been shipped in interstate commerce on 
or about January 11,1938, from Rehoboth, Del., by Stokely Bros. & Co., Inc., and 
charging misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "American Wonder Brand Select Early June Peas * * * 
Fame Canning Company,   *   *   *   Indianapolis, Ind."
It was alleged to be misbranded in that the statement borne on the label, 
"American Wonder," was false and misleading and tended to deceive and 
mislead the purchaser when applied to peas of another variety. It was alleged 
to be misbranded further 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 of Agriculture indicating that 
it fell below such standard.
On April 2, 1938, Howard E. Jones & Co., having appeared as claimant, judg- 
ment of condemnation was entered and the product was ordered released under 
bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.