United States v. Carolene Products

Citation. 304 U.S. 144 (1938)

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Citation304 U.S. 144 (1938)

Brief Fact Summary.

Carolene Products sold a product that consisted of condensed skimmed milk and coconut oil, imitating condensed milk, in violation of the Filled Milk Act. The United States indicted Carolene Products.

Synopsis of Rule of Law.

Congress has the power to regulate food products in interstate commerce.

Points of Law - Legal Principles in this Case for Law Students.

The Filled Milk Act was adopted by Congress after committee hearings, in the course of which eminent scientists and health experts testified.

View Full Point of Law

Carolene Products sold a product that consisted of condensed skimmed milk and coconut oil, imitating condensed milk, in violation of the Filled Milk Act. The United States indicted Carolene Products.

Issue.

Does the Filled Milk Act violate the Fifth Amendment?

Held.

No, the Filled Milk Act does not violate the Fifth Amendment.

Discussion.

The Court has previously held that a state law that forbids the manufacture and sale of a product assumed to be wholesome but made of a mixture is not unconstitutional.

Legislatures have power to secure a minimum of nutritive elements in food and to protect the public from fraudulent foods. There is nothing in this case to suggest that the Court should question Congress’s action in this space, in this case.

Footnote 4: the Court could exercise a stricter standard of review when a law appears on its face to violate the Constitution, restricts the political process, or discriminates against “discrete and insular” minorities.