3107. Misbranding of canned peas.    V. S. v. 998 Cases, 899 Cases, and 99 Cases
of Canned Peas.     Consent decree ordering the product released under 
bond to be relabeled.    (P. D. C. No. 5679.    Sample Nos. 50877-B. 59026-E.)
On September 12, 1941, the United States attorney for the Eastern District 
of Virginia filed a libel against 998 cases (amended on or about September 26,/ 
1941, to cover an additional 998 cases), each containing 24 cans, of peas at 
Richmond, Va., alleging that the article had been shipped on or about August 
12, 1941, by Mason Canning Co. from Pocomoke City, Md.; and charging that 
it was misbranded. One lot (99S cases) was labeled in part: (Cans) "Enfield 
Club Early June Peas Contents 1 Lb. 4 Ozs. Standard Quality Distributed By 
H. P. Taylor Jr. Inc. Richmond Va." Another lot (99 cases) was unlabeled 
when shipped but subsequently was labeled: "Brite-Day Brand Early June Peas 
Contents: 1 Lb., 4 Ozs. Distributors W. M. Gary Grocery Co., Inc. Richmond, 
Va."   The cans in 899 cases were unlabeled.
The article was alleged to be misbranded 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 in that the alcohol-insoluble 
solids of the peas were more than 23.5 percent, and its label failed to bear in 
such manner and form as the regulations specify, a statement that it fell below 
such standard. It was alleged to be misbranded further: (998 cases) In that 
the statement "Standard Quality" was false and misleading because it was 
substandard. (899 cases and 99 eases) In that it was a food in package form 
and failed to bear a label containing the name and place of business of the 
manufacturer, packer, or distributor; and in that it was a food in package 
form and failed to bear a label containing an accurate statement of the quantity 
of the contents.
On September 27, 1941, Mason Canning. Co. having appeared as claimant, 
judgment was entered ordering that the product be released under bond to be 
relabeled under the supervision of the Food and Drug Administration.