30926. Misbranding of canned peas.    U. S. v. 42 Cases of Canned Peas.    Default
decree  entered ordering product delivered to charitable institutions.
(F. & D. No. 45555.    Sample No. 67637-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 or about August 28, 1939, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 42 cases of canned 
peas at New Britain, Conn.; alleging that the article had been shipped in 
interstate commerce on or about August 1, 1939, by Bruder & Zweil, Inc., from 
Providence, R. I.; and charging misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Admiration Selected Early June 
Peas * * * Edwin Smithson Company Incorporated Distributors New 
York."
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 Agri- 
culture since the peas were not immature, and its package or label did not bear 
a plain and conspicuous statement indicating that it fell below such standard.
On November 20, 1939, no claimant having appeared, judgment was entered 
ordering that the product be distributed to charitable institutions, and that the 
containers be destroyed.
GBOVEB B. HILL, Acting Secretary of Agriculture.