United States v. Carolene Products Co.

Background

A private food maker shipped a product called “Milnut,” made from condensed skimmed milk mixed with coconut oil to resemble condensed milk. The company was charged under Congress’s Filled Milk Act, which bans shipping in interstate commerce any milk product blended with non-milk fat when it imitates milk. A federal trial judge sustained the company's demurrer, dismissing the indictment, and the government appealed.

Reasoning

The Court considered whether Congress can ban such shipments and whether that ban violates the Fifth Amendment. Relying on the power to regulate interstate commerce, the Court said Congress may exclude articles reasonably thought injurious to health. It emphasized lengthy hearings and scientific evidence reported to Congress that filled milk lacks essential milk fats and vitamins, can cause malnutrition, and is often used fraudulently because it resembles real milk. The Court applied a presumption of constitutionality and held the ban a permissible exercise of the commerce power, reversing the dismissal.

Real world impact

This ruling lets federal authorities stop interstate shipments of filled milk products that imitate milk, aiming to protect consumers and public health and reduce fraud. Producers may still present evidence at trial showing a particular product is not harmful; the opinion recognizes an as-applied challenge may succeed on proof the product differs materially.

Dissents or concurrances

One Justice agreed with the result but not all reasoning; another would have affirmed the dismissal. A separate Justice noted that the accused should be allowed to introduce evidence disproving the legislative finding that the product is injurious.