10644. Misbranding of   canned   peas.    U.   S.   v.   456   and   384   Cases    *    *    *.
(F. D. C. Nos. 18477, 19268.    Sample Nos. 25642-H, 30308-H, 30427-H.)
LIBELS FILED :   November 26, 1945, and February 21, 1946, District of Colorado.
ALLEGED SHIPMENT : On or about September 1 and 13,1945, by the Rocky Moun- 
tain Packing Corporation, from Manti and Salt Lake City, Utah.
PRODUCT: Canned peas. 456 cases at Denver, Colo., and 384 cases at Colorado 
Springs, Colo. Each case contained 6 6-pound, 9-ounce Kans. Samples of the 
product were found to be substandard in quality because of failure to meet the 
test for tenderness. In addition, the peas in the Denver lot were a sweet 
wrinkled variety, and the alcohol-insoluble solids were more than 21 percent.
LABEL IN PART : "U-Tah-Na Brand Sugar Peas," or "Ogden Valley Brand * * * 
Sugar Peas."
NATURE OF CHARGE: Misbranding, Section 403 (h) (1), the product was below 
standard in quality.
DISPOSITION: February 1 and March 18, 1946. The Rocky Mountain Packing 
Corporation having appeared as claimant in both actions, and having admitted 
the allegations of the libel with respect to the Colorado Springs lot, judgment 
Was entered ordering that the product be released under bond for relabeling 
under the supervision of the Food and Drug Administration. The claimant 
having admitted also that a portion of the Denver lot was substandard, the court 
made its finding that the product in one code was not misbranded and ordered 
that code released. The remainder of the Denver lot was condemned and 
ordered released under bond for relabeling under the supervision of the Food 
and Drug Administration.