National Fertilizer Assn., Inc. v. Bradley, 301 U.S. 178 (1937)

National Fertilizer Assn., Inc. v. Bradley


No. 731


Argued April 5, 1937
Decided April 26, 1937
301 U.S. 178

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF SOUTH CAROLINA

Syllabus

1. A federal court will not enjoin the enforcement of a state law which has not been construed by the enforcing officers nor by the supreme court of the State, and which is susceptible of a construction that would bring it within the police power of the State. P. 180.

2. The right of a manufacturer to maintain secrecy as to his compounds and processes is subject to the right of the State, in the exercise of its police power and in promotion of fair dealing, to require that the nature of the product offered for sale be fairly set forth. P. 182.

3. The requirement may be extended to the sale of products manufactured prior to the passage of the legislation. P. 182.

18 F.Supp. 263 affirmed.

Appeal from a decree of the District Court of three judges denying an injunction and dismissing the bill in a suit by an association representing manufacturers of commercial fertilizer to enjoin the enforcement of a state law requiring that, on the containers in which mixed fertilizer is sold, there shall be disclosed the poundages and analyses of materials used in the manufacture. The defendants were the members of a state board and the state Attorney General.