If neither the scanner nor the Telecode department can appropriately identify the offending label, the package winds its way through the system to be inspected by hand.
In response, department stores have increasingly focused on selling private label apparel that they produce themselves and sell through their own stores.
Caronia, legal challenges based on similar arguments are certain to arise in other circuits, and the Department of Justice will have to evaluate its position on future off-label prosecutions.
Mr Cohen predicts that department stores will respond by creating stand-alone shops for their private-label brands and selling their wares in other stores.