McDermott v. Wisconsin

Background

Two retail merchants in Oregon, Wisconsin, bought canned syrups shipped from Chicago and put the cans on their store shelves after removing the wooden shipping boxes. Wisconsin law required mixtures with high glucose content to carry state-prescribed labels (for example, “Glucose flavored with Refiner’s Syrup”) and forbade other names. The merchants were convicted under the state statute for selling cans labeled as “Karo Corn Syrup” or “Karo Corn Syrup with Cane Flavor.” They argued federal law and a joint statement by federal Secretaries allowed their labels.

Reasoning

The central question was whether the state statute could force removal of federal labels on interstate shipments before the first sale. The Court explained the federal Food and Drugs Act targets the package that reaches the consumer and permits federal enforcement against adulterated or misbranded goods even when they are unsold on an importer’s shelf. To require removal of labels that Congress and federal officials had regulated would impair federal enforcement and rights created by the federal law. The Court therefore held the Wisconsin rule conflicted with the federal scheme and reversed the state convictions.

Real world impact

The decision protects interstate shippers and retailers from state laws that would require replacing or destroying federally regulated labels before sale. It leaves any question whether the federal labels are themselves lawful to federal authorities and proceedings. The state court judgments convicting the merchants were reversed and the cases returned for further proceedings consistent with the opinion.