20476. Adulteration and misbranding of canned black-eyed peas.   U. S. v. 296
Cases, etc.    (F. D. C. No. 34787.   Sample Nos. 53615-L, 53616-L.)
LIBEL FILED :   On or about April 9, 1953, Western District of Missouri. 
ALLEGED SHIPMENT :   On or about February 10, 1953, by the Good Canning Co.,
from Fort Smith, Ark. 
PRODUCT:   296 cases, each containing 24 cans, and 146 cases, each containing
24 cans, of black-eyed peas at Springfield, Mo.
LABEL IN PART: (Can) "Contents 1 Lb. 0 Oz. G. D. M. Brand Fresh Shelled 
Blackeye Peas" or "Contents 1 Lb. 3 Oz. G. D. M. Brand Fresh Shelled 
Blackeye Peas."
NATURE OF CHARGE : Adulteration (146-case lot), Section 402 (a) (3), the article 
consisted in whole or in part of a filthy substance by reason of the presence of 
worms.
Misbranding (296-case lot), Section 403, (e) (2), the article failed to bear 
a label containing an accurate statement of the quantity of the contents since 
the label statement "Contents 1 Lb. 0 Oz." was inaccurate. (Examination 
showed that this lot was short weight.)
DISPOSITION: On June 16, 1953, the Good Canning Co., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and 
the court ordered that the 296-case lot of the product be released under bond 
to be brought into compliance with the law, under the supervision of the Food 
and Drug Administration. This'lot of the product was relabeled. In July 1953, 
the court entered an order directing that the 146-case lot be destroyed.