1997. Misbranding of canned peas.     U. S. v. 205 Cases of Canned Peas.     Consent
decree of condemnation.     Product released under bond to be relabeled.
(F. D. C. No. 4480.    Sample No. 69024-E.)
This product, which was represented as consisting of small sugar peas of 
Fancy quality, was found to consist of peas of mixed sizes and was not Fancy 
because of the presence of hard, nearly mature peas.
On April 24, 1941, the United States attorney for the District of New Jersey 
filed a libel against 205 cases, each containing 48 cans, of peas at Jersey City, 
N. J., alleging that the article had been shipped on or about January 24, 1941, 
by the Frank M. Wilson Co., San Francisco, Calif., from Stockton, Calif.; and 
charging that it was misbranded in that the statement "Fancy Small *¦ * * 
Peas" was false and misleading as applied to an article that consisted of peas 
of mixed sizes and that was not of Fancy quality because of the presence 
of hard, nearly mature peas. The article was labeled in part: (Cans) "Mari- 
gold Brand Fancy Small Sweet Peas   Contents 8 Oz."
On August 7, 1941, Marigold Grocery Co., Inc., Jersey City, N. J., claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond to be relabeled under 
the supervision of the Food and Drug Administration.