Weigle v. Curtice Bros. Co., 248 U.S. 285 (1919)

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Weigle v. Curtice Brothers Company

No. 83

Argued December 17, 1918
Decided January 7, 1919
248 U.S. 285

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF WISCONSIN

Syllabus

As respects domestic retail sale of secondary packages, or the contents thereof, out of the original packages in which they were imported in interstate commerce, state laws forbidding sale of food articles containing benzoate of soda are not inconsistent with the commerce clause or the purpose of the Federal Food and Drug Act, although the preservative, as used, is allowed by the federal act and regulations and the containers are labeled in conformity therewith.

Reversed.

The case is stated in the opinion.