5222. Misbranding of canned peas.   V. S. v. 898 Cases of Canned Peas.    Consent
decree of condemnation.    Product ordered released under bond for re- 
labeling:.    (F. D. C. No. 9779.   Sample No. 7>36-F.)
On April 12, 1943, the United States attorney for the Northern District of Illi- 
nois filed a libel against 398 cases, each containing 24 cans, of peas at Chicago, 
111., alleging that the article had been shipped in interstate commerce on or about 
January 21, 1943, by the Lakeside Packing Co., from Sheboygan, Wis.; and 
charging that it was misbranded. The article was labeled in part: (Cans) 
"Waverly Brand Early Peas." The article was alleged to be misbranded in 
that it purported to be canned peas, a food for which a standard of quality had 
been prescribed by regulations as provided by law, but its quality fell below the 
standard since it was a smooth skin variety of peas and the alcohol-insoluble 
solids were more than 23.5 percent, the maximum permitted by the standard; and 
its label did not bear, in such manner and form as the regulations specify, a state- 
ment that it fell below such standard.
On May 5, 1943, the Lakeside Packing Co. having appeared as claimant and 
having admitted the allegations ; of the libel and consented to the entry of a 
decree, judgment of condemnation was entered and the product was ordered 
released under bond for relabeling under the supervision of the Food and Drug 
Administration.