Carolene Products Co. v. United States

Background

A company sold canned milk compounds made by another firm from skim milk. Most butterfat was removed and cottonseed or cocoanut oil plus fish liver oil (containing vitamins A and D) were added. The mixture was pasteurized, evaporated, homogenized, and sterilized and packed in cans the same size and shape as evaporated whole milk. Ordinary buyers could not tell the difference, although the cans were labeled with trade names and ingredients. The company was indicted for shipping these compounds in interstate commerce in violation of the Filled Milk Act and convicted in the lower courts, and the Court reviewed whether the enriched, labeled compounds could be banned.

Reasoning

The Court addressed whether Congress could bar interstate shipment of such products even when they were wholesome and truthfully labeled. It concluded the compounds fit the Act’s definition because non-milk fats were added and the finished product resembled milk. The Court explained Congress acted not only because of earlier vitamin deficiencies but also to prevent substitution and consumer confusion. Because confusion and deception remained a reasonable concern, Congress could choose to prohibit shipment; fortification and truthful labeling did not remove the products from the statute’s reach.

Real world impact

The ruling allows federal enforcement of the Filled Milk Act against manufacturers and shippers of milk-like compounds, even if vitamins are restored and labels are truthful. Producers and distributors face criminal penalties for interstate shipments of such products. Consumers gain protection from deceptive substitution, but enrichment or labeling alone cannot avoid the ban.