10314. Misbranding of canned peas.    XJ. S. v. 599 Cases of Canned Peas (and 6
other seizure actions against canned peas). Consent decrees of con- 
demnation. Product ordered released under bond. (F. D. C. Nos. 17343, 
17622, 18098, 18201, 18355, 18626, 18627. Sample Nos. 22381-H, 23511-H, 
23899-H, 24880-H, 24921-H, 52583-H, 52584-Hj)
and Western Districts of Texas, Southern District of Illinois, Eastern District 
of Missouri, and Eastern District of Kentucky.
ALLEGED SHIPMENT : Between the approximate dates of July 16 and August 30, 
1945, by the Fall River Canning Co., from Fall River and Janesville, Wis.
PRODUCT: Canned peas. 599 cases, 968 cases, and 79 cases at Houston, Dallas, 
and Austin, Tex., respectively; 1,447 cases at Bloomington, Ill.; 1,750 cases 
at St. Louis, Mo.; and 1,796 eases at Paintsville, Ky. Each case contained 24 
cans of peas. The cans in the Dallas and Paintsville lots were labeled as 
indicated below, and the cans in the other lots were shipped unlabeled.
LABEL IN PART: (Portions of product) "Wiscos Brand [or "Eatmor Brand"] 
Early June Peas," or "Upper Deck   *   *    *   June Peas."
NATURE OF CHARGE: Misbranding (4 lots), Section 403 (e), the article failed to 
bear a label containing the name and place of business of the manufacturer, 
packer, or distributor, and an accurate statement of the quantity of the con- 
tents ; and, Section 403 (g) (2), the label of the article failed to bear, as pre- 
scribed by the regulations, the name of the food specified in the definition and 
standard.
Further misbranding (all lots), Section 403 (h) (1), the article was below 
standard.
DISPOSITION : Between the dates of December 14, 1945, and April 2, 1946. The 
Schuhmaeher Co., Houston, Tex., having appeared as claimant for the Houston 
and Austin lots, and the Fall River Canning Co. having appeared as claimant 
for the remainder, and both claimants having consented to the entry of decrees, 
judgments of condemnation were entered. The product in all of the lots was 
ordered released under bond for relabeling under the supervision of the Federal 
Security Agency.