1142. Misbranding of canned peas.    TJ. S. v. 340 Cases of Canned Peas.    Consent
decree   of  condemnation.     Product  ordered  released  under  bond  to  be 
relabeled.    (F. D. C. No. 3298.    Sample No. 14539-E.)
On October 28, 1940, the United States attorney for the Eastern District of 
Pennsylvania filed a libel against 340 cases of canned peas at Philadelphia, 
Pa., alleging that the article had been shipped in interstate commerce on or 
about August 1, 1940, by Charles Mills from Lewes, Del.; and charging that it 
was misbranded. It was labeled in part: (Cans) "Holsum Brand Early June 
Peas   *    *   *   Distributed by B.  H. Holsinger Ridgely, Md."
The article was alleged to be misbranded in that it purported to be a food 
for which standards of quality and fill of container had been prescribed by 
regulations as provided by law, but its quality and fill of container fell below 
standards; and its label failed to bear in such manner and form as the 
regulations specify, statements that it fell below such standards.
On November 15, 1940, Albert W. Sisk & Son, of Aberdeen, Md., claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered, and the product was ordered released under bond conditioned that 
it be relabeled under the supervision of the Food and Drug Administration.