28912. Misbranding of canned peas. U. S. v. 66 Cases of Canned Peas. Default 
decree of condemnation and destruction. (F. & D. No. 41968. Sample 
No. 11778-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 March 16, 1938, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 56 cases of canned 
peas at Brooklyn, N. Y., alleging that the article had been shipped in interstate 
commerce on or about February 25. 1938, from Thurmont, Md., by Frederick
City Packing Co., and charging misbranding in violation of the Food and Drugs 
Act The article was labeled in part: "Arctic Brand Early June Peas * * * 
Packed for Frederick City Packing Co. Frederick, Maryland."
It was alleged to be misbranded in that it was substandard, more than 25 
percent of the peas being ruptured.
On April 14, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.