29661. Misbranding of canned peas.    U. S. v. 404 Cases of Canned Peas.    Default
decree  of  condemnation and destruction.     (P. & D.  No.  41897.     Sample 
No. 16837-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On March 7, 1938, the United States attorney for the Northern District of 
West Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 404 cases of canned 
peas at Fairmont, W. Va.; alleging that the article had been shipped on or 
about February 2, 1938, by the Greenmount Canning Co. from Greenmount, 
Md.; and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "B-N-L Brand   Run of Pod   Early June Peas."
Misbranding was alleged in that the article fell below the standard of quality 
and condition promulgated by the Secretary of Agriculture for such canned 
food, since the peas were not immature, and the package or label did not bear a 
plain and conspicuous statement prescribed by regulation of this Department 
indicating that it fell below such standard.
On May 19, 1938, the United States marshal having seized 53 cases of the 
product and no claimant having appeared, judgment of condemnation and 
destruction was entered. Other lots of the goods covered by the libel in the 
total amount of 210 5/10 cases were located subsequently and ordered seized 
May 27, 1938. On November 1, 1938, no claimant having appeared for these 
additional lots, judgment of condemnation was entered and they were ordered 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.