21 U.S.C. § 62
Manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited
It is declared that filled milk, as defined in section 61 of this title, is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk.
Notes of Decisions
Cited in 5
cases, 1934–1956 · leading case: Border Pipe Line Co. v. Fed. Power Comm'n, 171 F.2d 149 (D.C. Cir. 1948).
Border Pipe Line Co. v. Fed. Power Comm'n, 171 F.2d 149 (D.C. Cir. 1948). “1487 (1923), 21 U.S.C.A. § 62 — “interstate or foreign commerce”.”
Nashville Milk Co. v. Carnation Co., 238 F.2d 86 (7th Cir. 1956). “The District Court dismissed the complaint for the reason that no relief should be accorded to the plaintiff in view of the declared congressional policy relative to filled milk as announced in 21 U.S.C.A. § 62 which proscribes the shipment or delivery for shipment of filled…”
Carolene Prods. Co. v. Evaporated Milk Ass'n, 93 F.2d 202 (7th Cir. 1937). “It shall be unlawful for any person to manufacture within any Territory or possession, or within the District of Columbia, or to ship or deliver for shipment in interstate or foreign commerce, any filled milk.”
United States v. Carolene Prods. Co., 7 F. Supp. 500 (S.D. Ill. 1934). “Section 2 (21 USCA § 62) declares filled milk, as defined, to be an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public; that it shall be unlawful for any person to manufacture it within any territory or possession or the…”
Carolene Prods. Co. v. Wallace, 30 F. Supp. 266 (D.D.C. 1939). “milk, whether or not condensed, evaporated, concentrated, powdered, dried or desiccated” [21 U.S. C.A. § 61], and declares filled milk as in the Act defined to be “an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public.”
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