4830. Misbranding of canned peas.   IT. S. v. 600 Cases of Canned Peas.    Consent
decree.of condemnation.    Product ordered released under bond for re- 
labeling.    (F. D. C. No. 8398.    Sample No. 17978-F.)   '
On September 28,1942, the United States attorney for the Southern District of 
New York filed a libel against 600 cases, each containing 6 cans, of early June peas 
at New York* N. Y., which had. been consigned-by Albert. W, Sisk, alleging that 
the article had been shipped in interstate commerce on or about August 28, 1942,' 
from "Baltimore, Md.; and charging that it was misbranded since it was below 
standard. The article was labeled in part: (Can) "Old Reliable Brand Early 
June Peas Packed by Lord-Mott Co. Inc Baltimore", Md."
In addition to charging violation of the standard of quality, the libel alleged 
that the article purported to be and was represented as a food for which a 
standard of fill of container had been prescribed, but fell below such standard 
of fill of container and its label failed to bear a statement, that it fell below 
such standard.
On October 29,1942, the Lord-Mott Co., Inc., of Baltimore, Md.', claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond for proper relabeling under the 
supervision of the Food and Drug Administration.
C   ' On December 29,1942, the United States attorney for the District of New Jersey 
Sfiled a,complaint against the Salem CountyLCanners, Inc.,* a corporation,"Clinton,
'
"N. J., alleging that from ^6n or-about October 14,^1942, up to the date of filing the 
complaint,- the defendant had been preparing and packing pumpkin and squash, 
under insanitary conditions whereby it might have become contaminated with
' filth and whereby it" might .have been rendered "injurious to health; that said
product so prepared and packed by the defendant consisted in- whole or in part
s of a filthy substance, which was unfit for food and-was adulterated in violation
of the law; that it was being offered for interstate" shipment at various intervals
to various States outside the District of New Jersey; that various investigations
,   and inspections showed insanitary conditions of the plant of defendant, and the . 
defendant had been warned to remedy such conditions and not to ship products 
which"were adulterated in violation of the law; and that despite such warning
-   the defendant had failed to remedy the defects in its methods of operation and 
was continuously manufacturing, preparing, and packing adulterated canned * 
pumpkin and squash.  The complaint alleged further that immediate and irrepara- 
ble loss and damage would ensue unless an, injunction, issue y and. prayed that 
after- proper notice a preliminary injunction issue, and that the preliminary ,i- 
njunction made permanent after due proceedings.
On January 22, 1943, the defendant having consented to the entry of a decree, 
judgment was entered ordering that the defendant and alters representatives, 
officers, and agents, and all persons acting on his behalf be perpetually enjoined 
and restrained from shipping in interstate commerce adulterated pumpkin of 
squash which had been manufactured or would be manufactured by the defendant