Carey v. Instantwhip Schenectady Inc.

Christopher J. Heffernan, Off. Ref.

Plaintiff has instituted this action against defendant and two of its officers to enjoin the manufacture and sale of one of its products known as Instantwhip topping on the theory that it is a violation of section 68-a of the Agriculture and Markets Law, more particularly the second paragraph of that section, because vegetable fat or oil “ has been added to or mixed or blended with a dairy product in such a manner that the resultant product is an imitation of or resembles instant whipped cream ’

The pertinent provisions of the statute are: “ No person, firm,…