5526. Misbranding of canned peas.    U. S. v. 201 Cases of Canned Peas   (and 2
additional seizure actions against canned peas). Decrees of condemna- 
tion. One lot ordered released under bond for relabeling; remaining lots 
ordered destroyed. (F. D. C. Nos. 10350, 10391, 10392. Sample Nos. 20238-F, 
20239-F, 23717-F.)
On August 2 and 12,1943, the United States attorneys for the District of Penn- 
sylvania and the District of Massachusetts filed libels against 201 cases of canned 
peas at Philadelphia, Pa., and 179 cases of canned peas at Fall River, Mass., 
alleging that the article had been shipped in interstate commerce on or about 
June 8 and June 21, 1943, by the Eastern Shore Canning Co. from Machipongo, 
Va.; and charging that it was misbranded. The article was labeled in part: 
(Cans) "Virginia's Best Early June Peas," "Eastern Shore Brand Sifted Early 
June Peas," or "Escco Brand Sweet Peas."
The article was alleged to be misbranded in that it purported to be and was 
represented as canned peas, a food for which a standard of quality had been 
prescribed by regulations promulgated pursuant to law, but its quality fell below 
such standard since 1 lot was a smooth-skin variety of peas and the alcohol- 
insoluble solids of the peas in the container were mote than 23.5 percent, and 
they contained an excessive proportion of peas that were ruptured to a width 
of M.6 inch or more; and the remaining 2 lots were sweet, wrinkled varieties of 
peas, and the alcohol-insoluble solids of the peas in the containers were more 
than 21 percent, and they failed, to meet the test for tenderness prescribed by the 
regulations; and their labels failed to bear, in such manner and form as the 
regulations specify, a statement that they fell below such standard.
On August 27,1943, the Great Atlantic and Pacific Tea Co., of Philadelphia, Pa., 
having appeared as claimant for the lot located at Philadelphia, judgment of 
condemnation was entered and the product was ordered released under bond for 
relabeling under the supervision of the Food and Drug Administration. On 
September 20, 1943, no claimant having appeared for the lots located at Fall
.  River, Mass., judgments of condemnation were entered and the product was 
\ ordered destroyed.