United States v. Carolene Products Co.,  No. 640 Supreme Court of The United States 304 U.S. 144; 58 S. Ct. 778; 1938 U.S. LEXIS 1022; 82 L. Ed. 1234

April 25, 1938, Decided

CORE TERMS: milk, commerce, interstate, filled, food, injurious, fat, oil, condensed, shipment, cream, skimmed, indictment, Fifth Amendment, regulation, butter, pure, imitation, adulterated, semblance, compound, substituted, compounded, demurrer, vegetable, Filled Milk Act, infringe, Fourteenth Amendment, destination, declaration


The Filled Milk Act of Congress of Mar. 4, 1923, defines the term Filled Milk as meaning any milk, cream, or skimmed milk, whether or not condensed or dried, etc., to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, dried, etc.; it declares that Filled Milk, as so defined, "is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public"; and it forbids and penalizes the shipment of such Filled Milk in interstate commerce. Defendant was indicted for shipping interstate certain packages of an article described in the indictment as a compound of condensed skimmed milk and coconut oil made in the imitation or semblance of condensed milk or cream, and further characterized by the indictment, in the words of the statute, as "an adulterated article of food, injurious to the public health."


The statute is within Congress’ power to regulate interstate commerce.


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