People v. Wyman

Defendant manufactured and sold a food product (Farms and Markets Law, § 2, subd. 4; now known as Agriculture and Markets Law, as amd. by Laws of 1927, chap. 207; since amd. by Laws of 1929, chap. 207) put up in bottles bearing a label printed in three lines:

“ CHERRY SODA

“ Artificial Flavor and Color

“ Contents, 1 Pt. 8 Fl. Oz.”

The words “ Artificial Flavor and Color,” while clearly legible, were but one-third the size of the words “ Cherry Soda,” and about one-half the size of the words, “ Contents, 1 Pt. 8 Fl. Oz.” The State sues to recover a penalty for misbranding, in that (a) the article…