Opinion · Supreme Court of the United States
Weigle v. Curtice Brothers Co.
248 U.S. 285
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1919-01-07
- Topic
- general
How later courts describe this case
- holding that state regulation concerning local retail of interstate food products did not affect "the action of Congress in interstate commerce" because challenged regulation was "the exercise of an authority outside of that commerce"
Citator
UpLaw has not yet analyzed Weigle v. Curtice Brothers Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 16 opinions
WEIGLEv. CURTICE BROTHERS CO.,248 U.S. 285(1919)
39 S.Ct. 124
WEIGLEv. CURTICE BROTHERS COMPANY.
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT
OF WISCONSIN.
No. 83.
Argued December 17, 1918.
Decided January 7, 1919.
THE case is stated in the opinion.
The argument in support of the decree contends in various forms that the sale of the individual bottles, when removed from the original package after entering the State, still is a part of commerce among the States, since the act of Congress as to misbranding applies to them. But the Food and Drugs Act does not change or purport to change the moment at which an object ceases to move in interstate commerce. It imposes an obligation to label the bottles severally, although contained in one original package, as of course it may.Seven Cases of Eckman'sAlterativev.United States,239 U.S. 510,515,516. It provides for seizure and condemnation of misbranded or adulterated articles that have been transported from one State to another, although the transit is at an end, while the articles remain unsold or in original unbroken packages, as again it may. There is no reason why a lienex delictoshould be lost by the end of the journey in which the wrong was done. The two things have no relation to each other.Hipolite Egg Co. v.UnitedStates,220 U.S. 45,57,58. Finally, the duty to retain the label upon the single bottles does not disappear at once. For reasons stated inMcDermottv.Wisconsin,228 U.S. 115, if the State could require the label to be removed while the bottles remained in the importer's hands unsold, it couldPage 288interfere with the means reasonably adopted by Congress to make its regulations obeyed. But all this has nothing to do with the question when interstate commerce is over and the articles carried in it have come under the general power of the State. The law upon that point has undergone no change.
The Food and Drugs Act indicates its intent to respect the recognized line of distinction between domestic and interstate commerce too clearly to need argument or an examination of its language. It naturally would, as the distinction is constitutional. The fact that a food or drug might be condemned by Congress if it passed from State to State, does not carry an immunity of foods or drugs, making the same passage, that it does not condemn. Neither the silence of Congress nor the decisions of officers of the United States have any authority beyond the domain established by the Constitution.Rastv.Van DemanLewis Co.,240 U.S. 342,362. When objects of commerce get within the sphere of state legislation the State may exercise its independent judgment and prohibit what Congress did not see fit to forbid. When they get within that sphere is determined, as we have said, by the old long-established criteria. The Food and Drugs Act does not interfere with state regulation of selling at retail.Armour Co. v.North Dakota,240 U.S. 510,517;McDermottv.Wisconsin,228 U.S. 115,131. Such regulation is not an attempt to supplement the action of Congress in interstate commerce but the exercise of an authority outside of that commerce that always has remained in the States.Decree reversed.Page 289