Milnot Company, v. Richardson

350 F. Supp. 221 (S.D. Ill. 1972)

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Nature of the Case

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Facts

P is a Michigan corporation that has its principal place of business in the State of Illinois. D is the Secretary of Health, Education and Welfare, who is charged with enforcement of various food and drug laws, including the Filled Milk Act, 21 U.S.C. §§ 61-64. Milnot is a food product which is a blend of fat-free milk and vegetable soya oil, to which are added vitamins A and D. Cream is skimmed from whole fresh milk. The cream contains the butterfat content of the milk including the fat-soluble vitamins A, D, and E. To the portion of the milk which remains after the skimming process, P adds, soybean oil as well as vitamins A and D. This restores the liquid to a milk-like consistency and composition. The mixture is then evaporated so as to remove a portion of the water content. Milnot is wholesome, nutritious, and useful as a food source is clear from the record. The Filled Milk Act prohibits interstate shipment of filled milk products. P then known as Carolene Products Company violated it and was convicted. The United States Supreme Court twice upheld the validity of the statute. P has now limited its distribution of Milnot to intrastate commerce in the several states where it is produced. Carolene Products Company changed its name to P. Several food products have appeared on the market in competition with P, which are permitted to be shipped in interstate commerce, subject to regulation by D, and which are commonly known as imitation milk or imitation dairy products, as distinguished from filled milk products.