29233. Misbranding of canned peas.    U. S. v. Phillips Sales Co.    Plea of guilty.
Fine, $25 and costs.     (F. & D. No. 39760.    Sample No. 13695-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 February 2, 1938', the United States attorney for the District of Mary- 
land, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Phillips Sales Co., a corporation, Cambridge, 
Md., alleging shipment by said defendant in violation of the Food and Drugs 
Act on or about November 28, 1936, from the State of Maryland into the State 
of Louisiana of a quantity of canned peas that were misbranded. The article 
was labeled in part: "Glyndon Brand * * * Early June Peas * * * 
Phillips Sales Co., Inc., Cambridge, Md.   *   *   *   Distributors."
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, 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 July 20, 1938, a plea of guilty having been entered on behalf of the defend- 
ant, the court imposed a fine of $25 and costs.
HARRY L. BEOWN, Acting Secretary of Agriculture.