5527. Misbranding of canned peas.    U. S. v. 87 Cases and 250 Cases of Canned
Peas.    Consent decree of condemnation.    Product ordered released for 
relabeling: upon deposit of cash collateral or execution of bond.    (F. D. C
Nos. 9850, 9877.   Sample Nos. 33534-F, 33535-F.)
On or about April 22 and 29, 1943, the United States attorney for the Southern 
District of New York filed libels against 337 cases, each containing 24 cans, of 
peas at New York, N. Y., alleging that the article had been shipped on or about 
February 15,1943, from Oostburg, Wis., by the Oostburg Canning Co.; and charg- 
ing that it was misbranded. The article was labeled in part: (Cans) "Oostburg 
*   *   *   Early June Peas." 
The article was alleged to be misbranded in that it purported to be and was 
represented as a food for which a standard of quality had been prescribed by 
regulations, and 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; and its label failed to bear, in such manner and form as the regula- 
tions specify, a statement that it fell below such standard.
On July 28, 1943, an order was entered for the consolidation of the libel pro-, 
ceedings above described. On August 19, 1943, the Oostburg Canning Co., claim- 
ant, having admitted the allegations of the libels, judgment of condemnation was 
entered and the product was ordered released upon the deposit of cash collateral 
or the execution of a bond, conditioned that the product be relabeled under the 
supervision of the Food and Drug Administration.