5223. Misbranding of canned peas.    U. S. v. 400 Cases of Canned Peas.    Consent
decree of condemnation.    Product ordered, released under bond for re- 
labeling.    (F. D. C. No. 9700.   Sample No. 36968-F.)
One code of this product was of a sweet variety and not early June peas as 
labeled, and the remaining codes were substandard.     ^ ..
On March 26, 1943, the United States attorney for the Eastern District of 
Virginia filed a libel against 400 cases, each containing 24 cans, of peas at Rich- 
mond, Va., alleging that the article had been shipped in interstate commerce on 
or about February 19, 1943, by F. O. Mitchell & Bro. from Perryman, Md.; and 
charging that it was misbranded. The article was labeled in part: (Cans) 
"Winner Brand Early June Peas Contents 1 lb. 4 0&" * * •¦,*¦. Packed for 
Royal Club,Grocers, Inc.,.Richmond, Va." 
A portion of the article was alleged to be misbranded in that the statement 
"Early June Peas," appearing on the label, was false and misleading as applied 
to peas of a sweet variety.
The remainder was alleged to be misbranded in that it purported to be and 
was represented as food for which a standard of quality had been prescribed by 
regulations promulgated pursuant to law, but its quality fell below such standard 
since it was a smooth skin variety of peas and the alcohol-insoluble solids in 
the. container were more than 23.5 percent, the maximum permitted by the 
regulations; and its label failed to bear, in such manner and form as the regu- 
lations specify, a statement that it fell below such standard.
On April 12, 1943, Parker Mitchell, trading as F. O. Mitchell & Bro., having 
appeared as claimant and having admitted the allegations of the libel and con- 
sented to the entry of a decree, judgment of condemnation was entered and the 
product was ordered released under bond for relabeling under the supervision 
of the Food and Drug Administration.