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United States v. United Foods, Inc.

United States Supreme Court
533 U.S. 405 (2001)


Facts

The United States government (government) (plaintiff) passed a law requiring mushroom distributors to pay an assessment into a fund used primarily for advertising geared toward increasing mushroom sales. United Foods, Inc. (UFI) (defendant) grows and distributes mushrooms, but refused to pay the mandatory assessment because it did not agree with the message in the advertising. The government brought suit. The district court granted the government summary judgment based on Glickman v. Wileman Brothers & Elliot, Inc., 521 U.S. 457 (1997), which held that requiring producers of certain tree fruit to pay an assessment for product advertising as part of a larger regulatory marketing scheme was constitutional. The court of appeals reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

Concurrence (Stevens, J.)

Concurrence (Thomas, J.)

Dissent (Breyer, J.)

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