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4. Farinella bought 1.6 million bottles of Henri's Salad Dressing produced by Unilever. The label on each bottle said best when purchased by followed by
4. Farinella bought 1.6 million bottles of Henri's Salad Dressing produced by Unilever. The label on each bottle said "best when purchased by" followed by a date that had been picked by Unilever. Because the "best when purchased by" date was approaching, Farinella pasted on each bottle a new label that displayed a later date. He then resold the salad dressing to discount stores. As a result, he was charged with the crime of introducing into interstate commerce misbranded food with the intent to mislead. Selling salad dressing after the "best when purchased by" date does not endanger human health. Henri's Salad Dressing is edible a decade or more after it is manufactured. There also is no evidence of any regulation by any government body that defines "best purchased by" or forbids a wholesaler or retailer to change the date. However, at the trial an official from the Food and Drug Administration (FDA) testified that FDA approval is necessary to change labels and that no such approval was given to Farinella. Should Farinella be convicted of the crime of misbranding food? Explain. any was ectively made. Buick would have Page 23
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