4890. Misbranding of gift packages of food.    IT. S. v. Albert Newberg  (A. Wei- 
nberg & Co.)    Plea of guilty.    Fine, $1,000 and 4 months in jail.    (F. D.
C. No. 8822. Sample Nos. 7760-F, 7934-F, 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 Albert Newberg, an individual, trading and 
doing business as A. Newberg & Co. New York, N. Y., alleging shipment 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 iy2 
Lbs."
The article was alleged to be misbranded (1) in that the statement "Net 
Weight iy2 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 were enclosed in cellophane which permitted observation of the contents, 
and since there had been packed in the bottom of the trays a large amount of 
packing medium which was not visible, so that the trays contained a substan- 
tially smaller amount of food than their appearance indicated that they con- 
tained; and (4) in that the article consisted of an assortment of foods each 
of which was fabricated from two or more ingredients and the packages did not 
bear a label containing the common or usual name of each ingredient of the 
foods. The information contained 10 other counts involving shipments of gift 
packages into the States of Louisiana, Texas, Connecticut, Massachusetts, Ohio, 
Minnesota, and Washington; and charged that they were misbranded in a manner 
similar to the shipment of November 20, 1942, into Louisiana.
On April 29, 1943, the defendant having entered a plea of guilty, the court 
imposed a fine of $1,000 and sentenced him to serve 4 months in jail on the first 
count and ordered that the remaining 10 counts be dismissed.