United States v. Johnson
Supreme Court of the United States
•ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The facts are stated in the opinion.- The acts charged in the indictment fall within the letter of the statute, and the matters charged are not to be carved out of the statute as being hot within its purposes. They are both injurious to health and frauds on the public.
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•ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI. The facts are stated in the opinion.- The acts charged in the indictment fall within the letter of the statute, and the matters charged are not to be carved out of the statute as being hot within its purposes. They are both injurious to health and frauds on the public. Even if the public health had been the sole concern of the statute the matters charged in the indictment would have fallen within its inténdment. Cheats and frauds were, however, among the principal mischiefs denounced by the act. See…
1Opinion of the CourtJustice Holmes
This is an indictment for delivering for shipment from Missouri to Washington, D. C., packages and bottles of medicine bearing labels that stated or implied that the contents were effective in curing canc'er, the defendant well knowing that such representations were false. On motion of the defendant the District Judge quashed the indictment (177 Fed. Rep. 313), and the United States brought this writ of error under the Act of March'2, 1907, c. 2564, 34 Stat. 1246.
The question is whether the articles were misbranded within the meaning of § 2 of the Food and Drugs Act of June 30, 1906, c. 3915,…
Also in this document: Dissent.
2Cases cited1 opinion
- United States v. KeitelSupreme Court of the United States · 1908
3Cited by56 opinions
- United States v. DotterweichSupreme Court of the United States · 1943
- People v. KnowlesCalifornia Supreme Court · 1950
- Autogiro Company of America v. The United StatesUnited States Court of Claims · 1967
- Tower v. United StatesUnited States Customs Court · 1959
- Seven Cases of Eckman's Alternative v. United StatesSupreme Court of the United States · 1916
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