4157. Misbranding of canned tuna fish. TJ. S. v. New York Wholesale Grocery 
Co.,, Inc; Plea of guilty. Fine, $500. (F. D. G. No. 2864. Sample Nos. 
10412-B to 10414-E, incl.) , ;
On September 28, 1942,,the United States attorney for the Southern District 
of New York filed an information against the New York Wholesale Grocery Coi, 
Inc., New York, N. Y., alleging that between December 19, 19391, and March 22, 
1940, the defendant received from the French Sardine Co., Inc., of Terminal 
Island, Calif., two consignments of food contained in unlabeled cans; that the 
cans were shipped in cases labeled "48% Unlabeled Bonita SS 25 Mann N. Y. W. G. 
Co.";; that thereafter and between the above dates and while the article-was 
being held .by the defendant for sale after shipment in interstate commerce, the 
defendant'unlawfully affixed and caused* to be affixed to a number of the cans 
a label bearing the following statements and design: "New York's Best Brand 
Light Meat Tuna Fish [design of a tuna fish] Contents 7 Ozs. Quality NYB 
Foods; New York Wholesale Grocery Co., Inc. Distributors, New York, N. Yi" 
The Information alleged further that the acts of the defendant of affixing and 
causing the labels to be affixed to the said cans resulted in the article being mis-' 
branded;-(!) in that the statement "Light Meat Tuna" was false and misleading 
since the article did not consist of light meat tuna but consisted of bonita; (2) 
in that it was offered for sale under the name of another food, i. e., light meat 
tuna; and (3) in that the labels did not bear the common or usual name of the 
article, namely, bonita.
On October 6, 1942, a plea of guilty was entered" on behalf of the defendant 
and the court imposed a fine of $500.