Milnot Company v. Richardson
United States District Court for the Southern District of Illinois
350 F. Supp. 221 (1972)
- Written by Eric Miller, JD
Facts
Milnot was a milk-like product consisting of milk, vegetable oil, and vitamins. It was barred from interstate commerce under the Filled Milk Act of 1923. However, in the intervening decades, new treatments and processes gave rise to imitation milk products very similar in appearance and consistency to Milnot, but not subject to the Filled Milk Act. The Milnot Company (plaintiffs) asked the district court for a declaratory judgment to either exclude the product from the Filled Milk Act or find the act itself unconstitutional on Fifth Amendment due-process grounds. The Secretary of Health, Education and Welfare (defendant) argued that recourse should be legislative rather than judicial.
Rule of Law
Issue
Holding and Reasoning (Morgan)
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