6342. Misbranding of canned peas.    TJ. S. v. 798 Cases of Canned Peas.    Decree
of condemnation.    Product ordered released under bond to be relabeled.
(F. D. C. No. 11248.    Sample No. 46698-F.)
LIBEL FILED :    December 7, 1943, Eastern District of Michigan.
ALLEGED SHIPMENT : On or about August 4,1943, by the Fox Valley Canning Co., 
Hortonville, Wis.
PRODUCT: 798 cases, each containing 24 unlabeled cans, of peas at Detroit, 
Mich,
There was no written agreement between the shipper and the consignee as 
to the labeling of the product. The shipment was Invoiced as substandard 
peas.
VIOLATIONS CHARGED: Misbranding, Section 403 (e) (1), the product was a 
food in package form and it failed to bear a label containing the name and 
place of business of the manufacturer, packer, or distributor; Section 403 (e) 
(2), it failed to bear a label containing an accurate statement of the quantity 
of the contents; Section 403 (g) (2), it purported to be and was represented 
as a food for which a definition and standard of identity has been prescribed 
by regulations, and its label failed to bear the name of the food specified in 
the definition and standard; and, Section 403 (h) (1), it was a smooth skin 
variety of peas, and its quality fell below the standard prescribed by the regu- 
lations for such peas because of alcohol-insoluble solids in excess of 23.5 per- 
cent, and its label did not bear the substandard legend.
DISPOSITION : January 27,1944. Philip N. Shammas, doing business as the S. & G. 
Wholesale Grocery Company, Detroit, Mich., 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.