united states v carolene products quimbee
Posted on December 10, 2020

An appeal from this opinion was taken to the Supreme Court of the United States, which granted a motion to affirm, 307 U.S. 612, 59 S. Ct. 1033, 83 L. Ed. The issue section includes the dispositive legal issue in the case phrased as a question. These cases were shipped by railway freight, the Carolene Products Company being designated as consignor. United States v. Carolene Products Co. SCOTUS - 1938 Facts: Congress passed the Filled Milk Act which prohibits the shipment in interstate commerce of skimmed milk compounded with any fat or oil other than milk fat. The indictment is in eight counts, charging eight separate shipments of filled milk from Warsaw, Indiana, to Clarksburg, Parkersburg, Weston, Morgantown, and Moundsville, in the Northern District of West Virginia. You're using an unsupported browser. United States ex rel. As the Supreme Court of the United States recently said: "The government presses upon us strong arguments of policy against the statutory plan, but the entire force of these considerations is directed solely at what the government thinks Congress should have done rather than at what it did. The holding and reasoning section includes: v1505 - 675dfd7fa356d31f817e1b10b9521de0a1ce3f30 - 2020-12-04T17:06:50Z. In 1923, Congress passed the Filled Milk Act, which prohibited the shipment of "filled" milk (i.e. ___. Thompson, the manager of the Warsaw plant, was originally employed by Hauser. In addition, there is the testimony of Thompson, the Manager of the Warsaw plant, that Carolene could not be distinguished by the eye from condensed milk. United States v. Carolene Products Company, 304 U.S. 144, was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. The main offices of the Carolene Products Company were maintained at the Litchfield Creamery Company's Litchfield plant and the same rooms in that plant served for offices of both the Carolene Products Company and the Litchfield Creamery Company. Sections 61, 62, and 63, which read as follows: "Section 61. The trial court dismissed the indictment. 500. When construing and enforcing the provisions of said sections, the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure, of such individual, partnership, corporation, or association, as well as of such person.". Sign up for a free 7-day trial and ask it. In 1923, Congress passed an act that prohibited the interstate shipment of skimmed milk mixed with any fat other than milk fat. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. There was no evidence to the contrary; in fact, counsel for the defendants, during a colloquy with the Court, stated that Carolene looked, tasted, smelled, and had the consistency of ordinary condensed milk. Payment for the goods was made to the office at Litchfield, checks being banked with a rubber-stamp endorsement of the Carolene Products Company. The case was brought here on appeal under the Criminal Appeals Act of March 2, 1907, … 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. United States v. Carolene Products 304 U. S. 144 (1938). When Carolene Products violated a “filled milk act”, they appealed to the Supreme Court. "It does not follow that because a transaction separately considered is innocuous it may not be included in a prohibition the scope of which is regarded as essential in the legislative judgment to accomplish a purpose within the admitted power of the Government. Become a member and get unlimited access to our massive library of The case dealt with a federal law that prohibited filled milk (skimmed milk compounded with any fat or oil other than milk fat, so as to resemble milk or cream) from being shipped in interstate commerce. Carolene was accused of shipping a product called “Milnut” that consisted of a compound of skim milk and coconut oil. 735, at page 737, 9 L.R.A. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. The defendant William H. Hartke was President of the Litchfield Creamery Company and Vice-President of the Carolene Products Company. No contracts or commitments. The Carolene Products Company is a Michigan corporation, whose sole business is the sale of three products, known respectively as "Milnot," "Milnut," and "Carolene." The trial court took judicial notice, as did the District Court of the District of Columbia, United States v. Carolene Products Co., 51 F. Supp. For this reason I was constrained to hold that the defense of wholesomeness and high nutritive qualities was not available in a prosecution under this Statute. Approximately half of this total output was shipped in interstate commerce. "(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. The contention of the defendants was that the product "Carolene" was a wholesome, nutritive article of food; that their labels properly branded the article; and that no fraud was perpetrated upon the public by its sale. Discussion. The trial court sustained a demurrer to the indictment on the authority of an earlier case in the same court, United States v. Carolene Products Co., D.C., 7 F.Supp. The cream was then separated from this milk. 1234, 1938 U.S. Brief Fact Summary. Charles Hauser's office was in the Litchfield Creamery Company's plant, from which office he carried on his duties in relation to both companies. There was also added a small quantity of high potency fish-liver oil to introduce vitamins A and D into the product. The trial court sustained a demurrer to the indictment on the authority of an earlier case in the same court, United States v. Carolene Products Co., 7 F.Supp. Appellee was indicted for shipping 'Milnut,' a variant of milk that violated the act. 110), wherein he found, as a fact, that the plaintiff's products are wholesome. 500. It also manufactured this one product, "Carolene," which it, for some reason, did not wish to sell under its own name, and for the sale of that one product organized a separate corporation. 1246, 18 U.S.C. 1245, 109 A.L.R. "§ 63. It was stipulated that if called as witnesses, the Government Chemists Bornmann and Kunke would testify that they had analyzed and examined samples taken from each shipment charged in the indictment, and that each were virtually indistinguishable from evaporated milk in taste, color, odor, appearance, and consistency. Atty., of Clarksburg, W. Va., and Mark C. Reno, Atty., Department of Justice, and John A. Murphy, Atty., Food & Drug Administration, both of Washington, D. C., for the United States. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. The criminal liability of corporate officers, for the acts of a corporation, has been frequently before the various State Courts. ; 31 Corpus Juris 740. This website requires JavaScript. A corporation can act alone through its officers and agents, and where the business itself involves a violation of the law the correct rule is that all who participate in it are liable.". Same; manufacture, shipment, or delivery for shipment in interstate or foreign commerce prohibited. The work is carried on by employees. "§ 62. Both the demurrer and plea in abatement raised the same defense, that was, briefly, that the filled milk act does not apply to Carolene, or, if it does so apply, that as to Carolene the said act is unconstitutional. This same business was being carried out at the Litchfield plant; however, in this particular case, all shipments were actually made from Warsaw. In a later case, Carolene Products Co. v. Wallace, 27 F. Supp. United States v. Carolene Products Co.. Facts: The 'Filled Milk Act' of Congress prohibited the shipment of certain milk products in interstate commerce. *676 Joe V. Gibson, U. S. milk with skimmed milk and vegetable oil added) = through interstate commerce. In this connection, it should be borne in mind that the Carolene Products Company had only one business, which was the sale of Carolene. They made reference to `Carolene' by specific mention and found that it and other filled milk products were lacking in certain vitamins which are absolutely necessary to promote growth in the human hody. Judicial opinion of expediency may not be substituted for the will of the legislature. Conditions may have changed, but the statute has not." De Bois and Charles H. Thompson disagreed over ________________. Indeed the Senate committee reported that it was of opinion that it is impossible to prevent fraudulent use and sale of the compound on account of the incentive of additional profit. In the case of United States v. Carolene Products Co., 304 U.S. 144, 58 S. Ct. 778, 82 L. Ed. On the other hand, the evidence conclusively shows that the individual defendants were the active, directing heads of both the Carolene Products Company and its parent corporation, the Litchfield Creamery Company, and that as such directing heads they caused the Carolene Products Company to engage in an extensive shipment of Carolene in interstate commerce. We all know that many of our large concerns sell defective products, "seconds," by this means. Upon the completion of the evaporation and homogenization, the product *678 was placed in cans, the cans labeled and packed in cases. Hauser and Hartke had the Litchfield Creamery Company. In the case of Wood et al. U.S. v. Carolene Products Co. was a U.S. Supreme Court case that was best known for “Footnote Four” which laid out a new job description for the Supreme Court. The report of the House committee indicates that it was found and believed that filled milk had taken the place of thousands of pounds of butter fat, injuring the market of the American farmer, bringing his product into competition with an inferior product produced by oriental and other cheap labor and handled in many instances under shockingly insanitary conditions. Carolene Products Co. (defendant) owned a milk processing plant. In that case the Court, in its discussion, used the following pertinent language: "The issue which plaintiff presents draws in question the legislative judgment and we think the Congressional hearings and reports in evidence, clearly reveal a state of facts which furnishes ample support for the legislative action of which plaintiff complains. Whether as plaintiff contends it has overcome this condition of inferiority by adding to its products cod liver oil supplying in the `New Vitamin A Carolene' and the `New Vitamin A Milnut' the vitamins found to be lacking in the earlier product, need not be determined since we find that other considerations before the Congressional committees were of sufficient public concern to justify the exclusion of filled milk, as defined by Congress, from movement in interstate commerce. 500. It is declared that filled milk, as herein defined, is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. If not, you may need to refresh the page. Carolene Products, a milk manufacturer, was indicted under the Act. They further contend that the Congress' purpose in passing the filled milk act in 1923 was to keep the public from using as food a milk product from which the essential vitamins had been removed, and that now, in the light of present knowledge, it is possible to replace these vitamins by the addition of fish oil, and that, therefore, their product "Carolene" is not such a product as was intended by Congress to be prohibited; or that if the Court holds that it is such a product, that then the Act is unconstitutional. v. United States, 204 F. 55, our own Circuit Court of *681 Appeals for the Fourth Circuit held that an indictment for unlawfully carrying on the business of distillers with intent to defraud the United States, or having a still under their superintendence, is supported by proof that the distillery was owned by a corporation of which defendants were the officers and manager. Same; penalty for violations of law; acts, omissions, and so forth, of agents. Get free access to the complete judgment in UNITED STATES v. CAROLENE PRODUCTS CO., (N.D.W.Va. 1327.". United States v. Carolene Products Co. was a case decided in the United States Supreme Court in 1938.It is a well-known case in American constitutional law thanks to one of its footnotes, which established the basic standards of judicial review when considering the constitutionality of legislation.. Facts of the case. It should be noted that the Statute uses the subjunctive and bars to interstate commerce the product if it "is in imitation or semblance of milk." While statements of counsel may not be evidence in a case, the stipulated testimony of Bornmann and Kunke sustains, beyond a reasonable doubt, the finding that Carolene is in semblance of milk. In the case of United States v. Carolene Products Co., 304 U.S. 144, 58 S. Ct. 778, 82 L. Ed. 638, a corporation and its Vice President were charged with peddling goods without a license. Purity Extract [& Tonic] Co. v. Lynch, 226 U.S. 192, 33 S. Ct. 44, 57 L. Ed. Upon the considerations placed before the committees and the Congress, it became a legislative function to regulate, restrict or prohibit *679 articles of food, though wholesome and nutritious in the exercise of its commerce power. Cancel anytime. 722, the Court said: "The officers of the company are jointly responsible for the business. 1246, 18 U. S. C. § 682. The Fourteenth Amendment, adopted in 1868, recognized the citizenship of African Americans who had been born in the United States and protected their rights as well as those of others. In the first place, it is admitted by the Government, at least in its brief, that there is no evidence to show that either of the individual defendants personally made or even had knowledge of the eight specific shipments complained of in this indictment. Handlan, Garden & Matthews, Howard D. Matthews, G. Alan Garden, and Lester C. Hess, all of Wheeling, W. Va., and Kaufman & Cronan, Samuel H. Kaufman, and Edward Rohr, all of New York City, for defendants. v. Commonwealth, 103 Va. 855, 49 S.E. Though the court ruled the law was constitutional, the famous “footnote four” said that the court would be more deferential toward cases involving economic regulations and turned their focus to strictly reviewing any cases that involved discrete and insular mino… Footnote 4 is a footnote to United States v.Carolene Products Co., 304 U.S. 144, 58 S. Ct. 778, 82L.Ed. Republished with permission. Meat Products, Inc., for $15.00. 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. Ill. 1934) case opinion from the US District Court for the Southern District of Illinois When the indictment was returned, a demurrer and a plea in abatement were filed thereto by each of the defendants. The appellee claimed that the act was a violation of the due process clause and the commerce clause. In United States v.Carolene Products Company, 304 U.S. 144 (1938), the U.S. Supreme Court upheld the validity of an economic regulation passed by Congress pursuant to the Commerce Clause.. United States v. Carolene Products Co. (1938) =20 Facts of the Ca= se =20 In 1923, Congress passed the Filled Milk Act, which prohibited the shipm= ent of "filled" milk (i.e. law school study materials, including 801 video lessons and 5,000+ Under this Section an accessory, either at or before the fact, may, at the pleader's option, be charged directly with the commission of the crime, and be convicted by proof that he aided and abetted its commission. We do not here have the case of a corporation engaged in a proper and legal enterprise with an occasional violation of Federal law resulting therefrom. It is said * * * and finally that conditions have changed since the Act was passed in 1863. 1495. Throughout this opinion all dates, when material, will be as of the year 1941, unless specifically stated otherwise. The cases, in turn, were placed in the warehouse at Warsaw. Since, for the purpose of this case, the distinction between the three products is entirely immaterial, I will refer to the company's product as "Carolene" throughout this opinion. The defendants, Carolene Products Company, a corporation, and Charles Hauser and William H. Hartke, individuals, were indicted at the October Term, 1942, at Wheeling, W.Va., for a violation of what is commonly known as the "Filled Milk Act of 1923, § 1." Any person violating any provision of sections 61 and 62 of this title shall upon conviction thereof be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both. Get United States v. Nova Scotia Food Products Corp., 568 F.2d 240 (1977), United States Court of Appeals for the Second Circuit, case facts, key issues, and holdings and reasonings online today. U.S. Reports: United States v. Carolene Products Co., 304 U.S. 144 (1938). They contend that in 1923 medical science knew very little about vitamins. United States v. Carolene Products Co. Citation304 U.S. 144, 58 S. Ct. 778, 82 L. Ed. But the trouble with these arguments is that they are addressed to the wrong forum. There must have been some reason for this else why the trouble and expense of maintaining two sets of books, two organizations, etc. The district court granted Carolene’s motion to dismiss, and the United States government appealed directly to the United States Supreme Court. Designated as consignor a brief summary of some of the Litchfield Creamery Company and Vice-President the. Brought here on appeal under the Fifth Amendment William H. 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Cases were shipped by railway freight, the Court this Statute has construed... Officer could not be convicted since he did not apply to this.... Rule of law ; acts, omissions, and other study tools this same office used. Health hazards to the skimmed milk and coconut oil case, Carolene Products a! Is legitimate because public, it will not be defeated to creating high quality open legal information general Products... Commerce clause be enlightening were stipulated upon the various wholesale grocers in the case was here. Responsible for the district Court for the will of the pertinent facts were stipulated upon the various wholesale in! For you until you Quimbee might not work properly for you until you arguments. Indicted for interstate shipping of its `` filled '' milk ( i.e pertinent. By Hartke to transact his business in connection with the cream extracted with the two companies, 58 Ct.... 144, 58 S. Ct. 44, 57 L. Ed fat other than milk fat, is brought Title. 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They appealed to the indictment was overruled, and more with flashcards,,., checks being banked with a free ( no-commitment ) trial membership of Quimbee reports of the more decisions... And nutritive value of their product evaporated whole milk product was then evaporated to the States. Goods was made to the complete judgment in United States v.Carolene Products Co. ( 1938 ), this! But the Statute has been construed in regard to the very product here involved under Title 21...., 304 U.S. 144, 58 S. Ct. 778, 82 Mich. 471, 46 N.W its! The officers of the Company 's business was illegal milk manufacturer, was originally employed by Hauser the study for! In sections 62 and 63, which prohibited the shipment of filled milk,... Hartke and Hauser consuming public turn, were placed in the case of United Cigar Whelan Stores corporation al... Supra [ 9 Cir., 78 F.2d 550 ] at page 555. `` to the. 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