3330. Misbranding of canned' peas.    XI. S. v.' 291 Cases of Canned Peas.    Consent
decree  of  condemnation.    Product ordered  released  under bond to  be 
relabeled.    (F. D. C. No. 6235.   Sample No. 42780-E.)
On November 21, 1941, the United States attorney for the Western District of 
Pennsylvania filed a libel against 291 cases, each containing 24 No. 2 cans, of peas 
at Erie, Pa., alleging that the article had been shipped on or about October 1,1941, 
by McCoy Canned Foods Co. from Urbana, Ohio; and charging that it was mis- 
branded.   It was labeled in part: (Cans) "McCoy Brand Early June Peas."
The article was alleged to be misbranded in that it purported to be a food for 
which a standard of quality had been prescribed by regulations as provided by 
law, but its quality fell below such standard and its label failed to bear in such 
manner and form as the regulations specify, a statement that it fell below such 
standard.
On January 9, 1942, McCoy Canned Foods Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond to be relabeled under the supervision of the 
Food and Drug Administration.