Jun 8, 2010

Posted in Uncategorized

Received a Case of Milnot Filled Milk of U.S. v. Carolene Products fame

I previously purchased a case of Ollie’s BBQ Sauce. Today I received a case of Milnot (the spelling changed from Milnut to Milnot) Filled Milk, the product whose ban was found to be constitutional in the famousUnited States v. Carolene Products.

The question for decision is whether the “Filled Milk Act” of Congress of March 4, 1923 (c. 262, 42 Stat. 1486, 21 U.S.C. § 61-63), [] which prohibits the shipment in interstate commerce of skimmed milk compounded with any fat or oil other than milk fat, so as to resemble milk or cream, transcends the power of Congress to regulate interstate commerce or infringes the Fifth Amendment.

Appellee was indicted in the district court for southern Illinois for violation of the Act by the shipment in interstate commerce of certain packages of “Milnut,” a compound of condensed skimmed milk and coconut oil made in imitation or semblance of condensed milk or cream. The indictment states, in the words of the statute, that Milnut “is an adulterated article of food, injurious to the public health,” and that it is not a prepared food product of the type excepted from the prohibition of the Act.

These are not cans from 1938, though I am eagerly searching for originals. I would love to find a can of contraband filled milk–remember SCOTUS upheld the constitutionality of the ban on filled mil.

Pretty cool though.

Print Friendly