Tupman Thurlow Co. v. Moss
United States District Court for the Middle District of Tennessee
252 F. Supp. 641 (1966)
- Written by Solveig Singleton, JD
Facts
The Tennessee Labeling Act required sellers of meat produced in a foreign country to identify the product’s country of origin to consumers by means of a label or conspicuous sign. Makers of meat products such as baby food, hamburgers, and sausages made no effort to keep meat from foreign and domestic sources separate. The Tupman Thurlow Company (Tupman) (plaintiff), a New York-based meat importer, sued W. F. Moss (defendant), a Tennessee commissioner, arguing that the act was inconsistent with the Commerce Clause of the United States Constitution. United States Supreme Court cases held that the Commerce Clause prohibited state regulation that unduly or unreasonably restrained or discriminated against interstate commerce. Tupman argued that the act was burdensome and discriminatory and had made meat buyers in Tennessee unwilling to buy its products. Moss argued that the law protected consumers by preventing meat frozen abroad from being sold as fresh.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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