18424. Misbranding of canned peas.   U. S. v. 125 Cases   *   *   *.    (F. D. C. No.
31960.   Sample No. 22102-L.)
LIBEL FILED :   On or about November 8, 1951, Southern District of Mississippi.
ALLEGED SHIPMENT : On or about June 8, 1951, by the Delta Canning, Co., Inc., 
from Raymondville, Tex.
PRODUCT: 125 cases, each containing 48 15-ounce cans, of peas at Tylertown, 
Miss.
LABEL IN PART :    (Can) "Delco Brand   Alaska Peas."
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 regulations; and the label of the 
article failed to bear the name of the optional pea ingredient present. (The 
definition and standard provides that the label for canned peas shall name the 
optional pea ingredient present in the article by the use of the words "Early," 
"June," or "Early June," and that such words shall immediately and con- 
spiciously precede or follow the name of the optional pea ingredient 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 because the alcohol-insoluble 
solids of the article were in excess of 23.5 percent, and the label failed to bear 
a statement that the article fell below the standard.
DISPOSITION : January 18,1952. The Delta Canning Co., Inc., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered 
and the court ordered that the product be released under bond for relabeling, 
under the supervision of the Food and Drug Administration.