5729. Adulteration and misbranding of canned peas.    TJ. S. v. 156 Cases and 793
Cases  of   Canned  Peas.     Decrees  of  condemnation.     One   portion was 
ordered  released under  bond to  be  relabeled and the  remainder was 
ordered  destroyed.     (F.  D.   C.  Nos.   10823,   10877.     Sample  Nos.   7000-F, 
( 41125-F.) 
On September 23 and October 22, 1943, the United States attorneys for the 
Eastern District of Missouri, and the Northern District of Texas filed libels 
against 156 cases and 793 cases, each containing 24 cans, of peas at St. Louis, 
Mo., and Dallas, Tex.; alleging that the article had been shipped in inter- 
state commerce on or about July 5 and September 1, 1943, by the Elkhart Lake 
Canning Co., from Elkhart Lake, Wis.; and charging that it was adulterated 
and misbranded. The lot at Dallas (79 cases) was labeled "in part: (Cans) 
"Myrna Early June Peas," and the other lot was unlabeled.
The lot at St. Louis was alleged^ to be adulterated in that it consisted in whole 
or in part of a decomposed substance.
The lot at Dallas was alleged to be misbranded in that it purported to be 
and was represented as a food for which a standard of quality has been pre- 
scribed by regulations as provided by law, but its quality fell below such standard 
because the article was a smooth-skin variety of peas and the alcohol-insoluble 
solids were more than 23.5 percent.
On November 29, 1943, the Griifin Grocery Co., Dallas, Tex., having appeared 
as claimant for the lot at Dallas, judgment of condemnation was entered and 
the product was ordered released under bond to be relabeled. On March 4, 
1944, the Elkhart Lake Canning Co., having appeared as claimant for the lot 
at St. Louis, but having failed to file answer or other pleading, default was 
noted, judgment of condemnation was entered and the product was ordered 
destroyed.