1990. Misbranding of canned peas.    V. S. v. 15 Cases of Canned Peas.    Default
decree of condemnation and destruction.     (F. D. C. No. 4740.     Sample No. 
50700-E.)
This product not only was substandard in quality because it exceeded the 
tolerances for excessively mealy and ruptured peas, but the label failed to declare 
the optional ingredient present, i. e.. whether the product was dried peas of the 
smooth-skinned or Early June variety or whether it was dried peas of the wrinkled 
sweet or sugar type.
Oh May 13, 1941, the United States attorney for the Northern District of West 
Virginia filed a libel against 15 cases, each containing 6 No. 10 cans of peas 
at Elkins, W. Va., alleging that the article had been shipped on or about March 11, 
1941J from Baltimore, Md., by D. E. Foote & Co., Inc.; and charging that it was 
misbranded. It was labeled in part: "La Panza Brand * * * Dry Peas 
Contents 6 Lbs. 6 Oz."
The article was alleged to be misbranded (1) in that it purported to be 
canned peas, a food for which a definition and standard of identity had been 
prescribed by regulations as provided by law, but its label did not bear the 
name of the optional pea ingredient; and (2) in that it purported to be a food 
for which a standard of quality had been prescribed by regulations as provided 
by law, but its quality fell below such standard.
On June 9, 1941, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.