28783. Misbranding of canned peas.     IT. S. v. 387 Cases of Canned Peas.     Con¬
sent decree of condemnation.   Product released under bond for relabel- 
ing.    (F. & D. No. 41648.   Sample No. 7606-D.)
This product was substandard since the peas were not immature, and it was 
not labeled to indicate that it was substandard.
On or about February 7, 1938, 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 387 cases of canned 
peas at New Haven, Conn., alleging that the article had been shipped in inter- 
state commerce on or about July 17, 1937, from Baltimore, Md., by J. Langrall & 
Bros., Inc., and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Maryland Chief Brand Early June Peas 
*   *   *   Packed by J. Langrall & Bro., Inc., Baltimore, Md."
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 Agriculture, 
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 it fell below such standard.
On March 23, 1938, J. Langrall & Bro., Inc., claimant, having admitted the 
allegations of the libel and having consented to the entry of a decree, judgment 
of condemnation was entered and the product was ordered released under bond 
conditioned that it be relabeled.
M. L. WILSON, Acting Secretary of Agriculture.