Corn Products Refining Co. v. Weigle

Citations

• 221 F. 988
• 1915 U.S. Dist. LEXIS 1635

Syllabus

<p>1. Commerce —Interstate Commerce—Validity oe State Laws—“Misbranded.”</p> <p>St. Wis. 1913, § 4601—la, providing that no person shall sell any maple syrup, sugar cane syrup, etc., mixed with glucose, unless distinctly branded or labeled, so as to show the percentage of glucose and the percentage of maple syrup, sugar cane syrup, etc., such names and percentages not to be mingled with other reading matter, is invalid as applied to sales in interstate commerce because in direct conflict with Act June 30, 1906, c. 3915, § 2, 34 Stat. 768 (Comp. St. 1913, § 8718), prohibiting the introduction into any state from any other state of any article of food which is adulterated or misbranded, section S (Comp. St. 1913, § 8724), providing that an article shall be deemed “misbranded” if the package containing it or its label shall bear any statement regarding its ingredients which shall be false or misleading, and section 10 (Comp. St. 1913, § 8726), providing that any article of food adulterated or misbranded, being transferred in interstate commerce or having been sd transferred, while it remains unloaded, unsold, or in original unbroken packages shall be liable to confiscation, under which it has been held by the federal authorities and the federal courts that a mixture of refiners’ syrup or sugar syrup with the article known as glucose or corn syrnp, is not misbranded when described on the label as consisting of corn syrup and sugar synip, and that the state cannot forbid sales of such mixture bearing such label.</p> <p>®s»For other oases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>jEd. Note.—For other cases, see Commerce, Cent. Dig. § 5; Dec. Dig. <3=38.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Misbrand.]</p> <p>2. Statutes <3=364—Partial Invalidity—Effect.</p> <p>Such act being broad enough to include all sales, whether interstate or internal, and it being the settled rule in Wisconsin to restrain such ge