U.S. Code » Title 21 » Chapter CHAPTER 3— FILLED MILK

21 U.S.C. § 61

Definitions

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Whenever used in this chapter—(a) The term “person” includes an individual, partnership, corporation, or association;(b) The term “interstate or foreign commerce” means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and(c) The term “filled milk” means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream where such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in individual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them.(Mar. 4, 1923, ch. 262, § 1, 42 Stat. 1486.)Statutory Notes and Related SubsidiariesShort Title

Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in part that act Mar. 4, 1923, which enacted this chapter, may be cited as the “Filled Milk Act”.

Notes of Decisions
Cited in 14 cases, 1934–2019 · leading case: Koenig v. Boulder Brands, Inc., 995 F. Supp. 2d 274 (S.D.N.Y. 2014).
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Koenig v. Boulder Brands, Inc., 995 F. Supp. 2d 274 (S.D.N.Y. 2014). “Pursuant to 21 U.S.C. § 61 (c) (Filled Milk Act), Congress defined "filled milk” as: any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated to which has been added, or which has been blended or compounded with, any…”
William J. Rasmussen v. The Am. Dairy Ass'n, a Corp., 472 F.2d 517 (9th Cir. 1973). · cites it 2× “Plaintiff sells ‘Go’ exclusively within the State of Arizona, ‘Go’ being a filled milk banned from interstate commerce under 21 U.S.C. §§ 61 , 62. There are no other business activities of plaintiff which are alleged to be restrained by defendants’ acts.”
Grocery Mfrs. of Am., Inc. v. Gerace, 581 F. Supp. 658 (S.D.N.Y. 1984). · cites it 2× “21 U.S.C. § 61 . “Filled milk" was defined as any milk .”
Milnot Co. v. Richardson, 350 F. Supp. 221 (S.D. Ill. 1972). · cites it 2× “The legal questions presented by the undisputed factual record before the court and the briefs of counsel are: (1) Is Milnot presently a “filled milk” within the meaning of 21 U.S.C. § 61 ? (2) Is relitigation of the constitutionality of the Filled Milk Act barred by principles…”
Vermilya-Brown Co. v. Connell, 335 U.S. 377 (1948). · cites it 2× “1486 , 21 U. S. C. § 61 (b); 52 Stat. 1041 , 21 U.”
Carolene Prods. Co. v. United States, 140 F.2d 61 (4th Cir. 1944). “1486 , 21 U.S.C.A. § 61 et seq. The facts are undisputed and we accordingly adopt the following statement made by the court below, 51 F.”
Gen. Foods Corp. v. Priddle, 569 F. Supp. 1378 (D. Kan. 1983). “221, 225 (1972) stated: The possibility of confusion, or passing off, in the marketplace, which justified the [Federal Filled Milk Act, 21 U.S.C. § 61 et seq. ] in 1944, can no longer be used rationally as a constitutional prop to prevent interstate shipment of Milnot.”
United States v. Carolene Prods. Co., 51 F. Supp. 675 (N.D.W. Va. 1943). “” 21 U.S.C.A. § 61 . The Carolene Products Company is a Michigan corporation, whose sole business is the sale of three products, known respectively as “Milnot,” “Milnut,” and “Carolene.”
Carolene Prods. Co. v. Evaporated Milk Ass'n, 93 F.2d 202 (7th Cir. 1937). “” After declaring that the term “person” shall include a corporation, the law further, section 1 of the act, 21 U.S.C.A. § 61 , provides that “the term ‘filled milk’ means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or…”
United States v. Carolene Prods. Co., 7 F. Supp. 500 (S.D. Ill. 1934). “Milk Act (21 USCA § 61), paragraph (a), defines the term “person”; (b) describes “interstate or foreign commerce”; and (c) defines the term “filled milk” as meaning any milk, cream, or skimmed milk, whether condensed or otherwise, to which has been added, or which has been…”
Vermilya-Brown Co. v. Connell, 335 U.S. 377 (1948). · cites it 2× “1486 , 21 U.S.C. § 61 (b); 52 Stat. 1041 , 21 U.”
Leonard v. Capital Mgmt. Servs., LP, 364 F. Supp. 3d 198 (W.D.N.Y. 2019). “CMS asserts that the Tax Statement's "1099-C" clause is true because it is not cast in mandatory language, and states only that Discover "may" file a 1099-C form. CMS also maintains that the Tax Statement is not "deceptive" or "misleading.”
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