A greengrocer has been threatened with court action because his traditional street cry of "Bananas 50p a pound" is too loud.

Kevin Thoburn has been warned if he doesn't tone down his sales patter he will face legal action.

Mr Thoburn, brother of metric martyr Steve Thoburn, was issued with the threat after a neighbouring firm complained the noise interfered with their work.

And now he has been told if he doesn't shut up he will be gagged by the court.

The 40-year-old said: "I've never heard anything so ridiculous.

Market traders across decades have sold their fruit and veg in this method and no one has ever complained like this.

"It strikes at the very heart of our way of life. It affects every trader in the country.

"How could my shouted slogans be too loud?

"It's only my voice. I'm not using a microphone or speakers. It's madness."

Mr Thoburn, who has been a greengrocer for 25 years, received a complaint from bosses at Staughan and Co, who share rooms at his store in Chester-le-Street, County Durham, in November.

He carried on with shouted slogans and received an official solicitor's letter last week warning if he did not tone down the so-called "verbal advertising" he would be taken to court.

Newcastle solictors Anderson and Hagie, acting on behalf of the building landlords, say that he is breaching his lease by being a noisy neighbour.

Durham County Council officers are also investigating the noise complaint, as well as allegations that fruit boxes outside the shop are causing an obstruction.

The threats come as Mr Thoburn's brother, Steve, awaits a Court of Appeal decision on his bid to overturn his prosecution for selling a pound of bananas.

The Metric Martyr, voted Campaigner of the Year, was given a conditional discharge and was fined for selling fruit and vegetables weighed on imperial scales.

Kevin Thoburn, who is married to Yvonne, 26, and has an eight-month-old baby son, called Kyle, fears that the court threat could even escalate if his traditional trade calls are classed as adverts and should therefore be phrased in metric measurements.

Steve Thoburn said: "It's another example of bureaucracy gone barmy. The ordinary working man is treated like a criminal for trying to earn a living."