10163. Misbranding of canned peas.   XT. S. v. 1,500 Cases of Canned Peas.    Con¬
sent decree of condemnation.    Product ordered released under bond,
(F. D. C. No. 17629.   Sample No. 6174-H.)
LIBEL FILED :    October 4,1945, Eastern District of New York. 
ALLEGED SHIPMENT :   On or about July 31,1945, by the Deerfield Packing Corpora- 
tion, from Seabrook, N. J.
PRODUCT: 1,500 cases, each containing 24 1-pound, 4-ounce cans, of peas at 
Brooklyn, N. Y. The product was substandard because of alcohol-insoluble 
solids in excess of 21 percent. The substandard statement was not in the form 
specified in the regulations since it did not read "Below Standard in Quality," 
and it was not so placed as to be easily read but appeared on a side panel.
LABEL IN PART :   "Songstress Brand   Sweet Peas [Picture of green peas in the ~ 
pod]    *    *    *   Below Standard in Maturity."
NATURE OF CHARGE: Misbranding, Section 403 (a), the vignette of green peas 
in the pod appearing on the label was misleading since the peas were not a 
normal green color but were lighter and had more of a yellow hue; and, Section 
403 (h) (1), the product was below standard, and its label failed to bear in 
the manner and form required by the regulations a statement that it fell below 
such standard.
DISPOSITION: November 1, 1945, the Deerfield Packing Corporation, 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.