16840. Misbranding of canned peas.   U. S. v. 284 Cases   *   *   *,    (F. D. 0. No.
29677.    Sample No. 1976-K.) 
LIBEL FILED :   August 8,1950, Southern District of Georgia.
ALLEGED SHIPMENT : On or about February 10 and June 5 and 12,1950, by the 
Northwestern Canning & Packing Co., from Seffner, Fla.
PRODUCT: 284 cases, each containing 48 10%-ounce cans, of peas at Savannah, 
Ga.
LABEL IN PART:    (Can)   "Old   Glory   Improved   Glorified   *    *    *   Flavor
' Pack Early June Peas Soaked Dry." (The words "Early June Peas" on 
the main panel were in large conspicuous type, while the words "Soaked Dry" 
were in much smaller and less conspicuous type.)
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the article purported to 
be, and was represented as, -canned peas, a food for which a definition and 
standard of identity has been prescribed by the regulations, and its label failed 
to bear the name of the food specified in such definition and standard in that 
the definition and standard specify that the word "Dried" shall immediately 
and 'Conspicuously precede or follow the name of the optional pea ingredient 
present in canned peas, without intervening written, printed, or graphic 
matter.
Further misbranding, Section 403 (h) (1), the quality of the article fell below 
the standard of quality for canned peas since the skins of more than 25 percent 
by count of the peas in the container were ruptured to a width of 1/16 inch or 
more, and the alcohol-insoluble solids of the peas were more than 23.5 percent; 
and the label failed to bear a statement that the article fell below the standard 
of quality.
DISPOSITION : September 7, 1950. Default decree of condemnation. The court 
ordered that the product be delivered to a charitable institution, for use by it 
on its premises.