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Constitutional Law Keyed to Barnett
Milnot Company v. Richardson
Citation:
350 F. Supp. 221 (S.D. Ill. 1972)Facts
The plaintiffs manufactured an altered milk product that replaced the cream in milk with ‘Milnot,’ a blend of fat free milk, vegetable soya oil, and vitamins. The plaintiffs were indicted for violating the Filled Milk Act, and in United States v. Carolene Products Co., the U.S. Supreme Court upheld their indictment (and the law). After Carolene Products was decided, the plaintiffs changed their distribution to be purely intrastate. In the years since, many other altered milk products entered the market, and were permitted to be shipped in interstate commerce. Plaintiffs sought a declaratory judgment from the Court that the Filled Milk Act was unconstitutional because it discriminated against sellers of similar products without rational basis.
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