4891. Misbranding of gift packages of food.    U. S. v. Mae K. Wind   (R. Wind
Co.). Plea of guilty. Fine. $1,000. (F. D. C. No. 8822. Sample Nos. 
7760-F, 7934-Ft_8855-F, 8858-F, 8860-F, 9027-F, 9570-F, 9760-F, 13252-F, 
19539-F, 18692-F, 32697-F.)
On April 1, 1943, the United States attorney for the Eastern District of New 
York filed an information against Mae K. Wind, an individual, trading and doing 
business as R. Wind Co. at Babylon, Long Island, N. Y., alleging in count 1 ship- 
ment on or about November 20,1942, from the State of New York into the State of 
Louisiana of a quantity of gift packages, each package containing a tray containing 
an assortment of food. Enclosed in each of said packages was a slip containing 
the following labeling: "Packed by A. Newberg & Co. Babylon, N. Y. Net Weight 
1% Lbs."
The article was alleged to be misbranded (1) in that the statement "Net Weight 
1Y2 Lbs.," borne on the slip was false and misleading since the packages contained 
less than 1% pounds of food; (2) in that it was in package form and failed to bear 
a label containing an accurate statement of the quantity of the contents; (3) in 
that its containers were so filled as to be misleading since the trays, enclosed in 
cellophane which permitted observation of the contents, had been packed in the 
bottom with a large amount of packing medium which was not visible, so that they 
contained a substantially smaller amount of food than their appearance indicated 
that they contained; and (4) in that the article consisted of an assortment of 
foods, each of which was fabricated from two or more ingredients, and the pack- 
ages did not bear a label containing the common or usual name of each ingredient 
of said foods. The information contained 10 other counts involving shipments of 
gift packages into the States of Texas; Louisiana, Connecticut, Massachusetts, 
Ohio, Minnesota, and Washington; and charging that they were misbranded in 
manner similar to the shipment of November 20, 1942, into Louisiana.
On April 29, 1943, the defendant, haying entered a plea of guilty, the court 
imposed a fine of $1,000 on the first count and ordered that the remaining IQ counts 
be dismissed,