6347. Misbranding of canned peas.    U. S. v. 2,499 Cases of Canned Peas.    Con¬
sent decree of condemnation. Product ordered released under bond to be 
relabeled.    (F. D. C. No. 10846.   Sample No. 53166-F.)
LIBEL FILED:   On or about October 4, 1943, Middle District of North Carolina.
ALLEGED SHIPMENT : On or about August 11, 1943, by W. C. Powell & Co., Inc.,
from Norfolk, Va.
PRODUCT:   2,499 cases, each containing 24 cans, of peas at Durham, N. C.
LABEL IN PART: (Cans) "Gibbs * * *. Sifted Early June Peas Packed by 
Gibbs & Co., Inc., Baltimore, Md."
VIOLATION CHARGED: Misbranding, Section 403 (h) (1), the product was a 
smooth skin variety of peas, and its quality fell below the standard prescribed 
by the regulations for such peas because of alcohol-insoluble solids in excess of 
23.5 percent, and the skins of more than 25 percent by count of the peas 
in the container were ruptured to a width of Vie inch or more; and its 
label did not bear the substandard legend, as required by the regulations.
DISPOSITION: February 2, 1944. Gibbs & Co., Inc., claimant, having admitted 
that the article fell below the standard prescribed by the regulations, judgment 
of condemnation was ent-ered and the product was ordered released under 
bond for relabeling under the supervision, of the Food and-Drug Adminis- 
tration.