25686. Misbranding of canned peas. V. S. v. 913 Cases of Canned Peas, and 
other libels. Decrees of condemnation. Product released under bond 
for relabeling. (F. & D. nos. 36603, 36616, 86708, 36716. 86717, 36770, 
86879. Sample nos. 40140-B, 40141-B, 40142-B, 50535-B, 54068-B to 
54072-B, incl.)
These cases involved canned peas which contained an excessive proportion 
of ruptured peas and, in certain lots, excessive packing medium, which were 
not labeled to indicate that they were substandard.
On November 6 and November 13, 1935, the United States attorney for the 
Southern District of West Virginia, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation 
of 1,304 cases of canned peas at Charleston, W. Va. On December 5, 6, 10, and 
26, 1935, libels were filed against 350 cases of canned peas at Philadelphia, Pa., 
430 cases of the product at Camden, N. J., 124 cases at Trenton, N. J., and 
200 cases at Newark, N. J. The libels alleged that the article had been shipped 
in interstate commerce between the dates of June 29 and November 27, 1935, in 
part by the Eastern Shore Canning Co., and in part by Thomas Roberts & Co., 
from Machipongo, Va., and that it was misbranded in violation of the Food and 
Drugs Act as amended. Portions of the article were labeled: "Eastern Shore 
Brand [or "Escco Brand"] Early June Peas * * * Packed by the Eastern 
Shore Canning Co., Machipongo, Va." The remainder was labeled: "Pride of 
the Farm Brand Early June Peas * * * Thomas Roberts & Co. Philadel- 
phia, Pa., U. S. A., Distributor."
The libels charged that the article was misbranded in that it was canned 
food and fell below the standard of quality and condition promulgated by the 
Secretary of Agriculture and in that certain lots also fell below the standard 
of fill of container so promulgated, since the peas were not immature and 
certain lots were slack-filled, and its 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 December 10, December 31, 1935, January 13 and February 5, 1936, the 
Eastern Shore Canning Co. and A. T. Leatherbury, having appeared as claim- 
ants for respective portions of the product, judgments of condemnation were 
entered and it was ordered that the product be released under bond conditioned 
that it be relabeled under the supervision of this Department.
W. R GBEGG, Acting Secretary of Agriculture.