29897. Misbranding of canned peas.    U. S. v. 71 Cases of Canned Peas.   Default
decree of condemnation.    Product delivered to a charitable Institution.
(F. & D. No. 42297.    Sample No. 12312-D.)
This product was substandard because the peas were not immature, and it 
was not labeled to indicate that it was substandard.
On May 5, 1938, the United States attorney for the Northern District of New 
Tork, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 71 cases of canned peas at 
Amsterdam, N. T.; alleging that the article had been shipped in interstate 
commerce on or about January 19, 1938, by New Oxford Canning Co. from New 
Oxford, Pa.; and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Nu-Ox-Co Brand    *    *    *    Early June Peas."
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, 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 November 18, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered delivered to a charitable institu- 
tion on condition that it be used by such institution.
HARRY L. BROWN, Acting Secretary of Agriculture.