28857. Misbranding of canned peas.   U. S. v. 300 Cases of Canned Peas.    Consent
decree of condemnation.    Product released under bond for relabeling.
(F. & D. No. 40838.   Sample No. 50334-C.)
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 November 19, 1937, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 300 cases of canned 
peas at Chicago, Ill., alleging that the article had been shipped in interstate 
commerce on or about July 17 and 24, 1937, from Fredonia, Wis., by the Fredonia 
Canning Co., and charging misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Lady Clare Brand Sifted Early June 
Peas    *    *   *   Packed for M. Muskal, Chicago, Ill."
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 for such canned food, since the peas were not immature, and its package 
or label did not bear a plain and conspicuous statement prescribed by the 
Secretary of Agriculture indicating that such canned food fell below such 
standard.
On January 6, 1938, judgment of condemnation was entered and on February 
11, 1938, upon application of M. Muskal, claimant, the product was released 
under bond conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.