31022. Misbranding of canned peas.     IT. S. -v. 94 Gases of Canned Peas.     Decree
of condemnation.    Product ordered delivered to a charitable institu- 
tion.    (F. & D. No. 45566.    Sample No. 59518-D.)
This product was substandard because the peas were not immature, and it was 
not labeled to indicate that it was substandard.
On October 6, 1939, the United States attorney for the Southern 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 94 cases of canned 
peas at New York, N. Y.; alleging that the article had been shipped in inter- 
state commerce on or about July 18, 1939, by Kathleen A. Leister from West- 
minster, Md.; and charging misbranding in violation of the Food and Drugs 
Act. It was labeled in part: "Elmdale Run O Pod Early June Peas National 
Retailer-Owned Grocers, Inc. Distributors   *    *    *   Chicago, Ill."
The article 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
Agriculture since the peas were not immature, and the package or label did not
bear a plain and conspicuous statement prescribed by regulation of this Depart- 
¦ meat indicating that it fell below such standard.
On November 6, 1939, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be delivered to a charitable 
institution and that the labels be removed or defaced.
GROVER B. HILL, Acting Secretary of Agriculture.