UNITED STATES V. CAROLENE PRODUCTS CO.
304 U.S. 144 (1938)
NATURE OF THE CASE: This case discusses the validity of certain economic legislation
under the Fourteenth Amendment Due Process Clause.
FACTS: The federal Filled Milk Act prohibits incorporation of fat or an oil other than
milk fat into skimmed milk to produce milk or cream. Carolene shipped its product 'Milnut'
in interstate commerce in violation of the Act. Milnut is a milk cream comprised of
condensed skimmed milk and coconut oil. Appellee was indicted in the district court for
southern Illinois for violation of the Act. The trial court sustained a demurrer to the
indictment. The Court of Appeals for the Seventh Circuit in another case, upheld the Filled
Milk Act as an appropriate exercise of the commerce power. Appellee assails the statute as
beyond the power of Congress over interstate commerce, and hence an invasion of a field of
action said to be reserved to the states by the Tenth Amendment. Appellee also complains
that the statute denies to it equal protection of the laws and, in violation of the Fifth
Amendment, deprives it of its property without due process of law, particularly in that the
statute purports to make binding and conclusive upon appellee the legislative declaration
that appellee's product 'is an adulterated article of food injurious to the public health
and its sale constitutes a fraud on the public.'
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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