Legal Opinion

Libby v. United States

Court of Appeals for the Fourth Circuit

Decided November 12, 1913No. 1174PublishedCited by 7 opinions

In Error to the District Court of the United States for the Eastern District of Virginia, at Norfolk; Edmund Waddill, Jr., Judge. Prosecution by the United States against Libby, McNeill & Libby, a corporation. Judgment of conviction, and defendant brings error.

1Opinion of the Court

ROSE, District Judge.

This is a prosecution under the Food and Drugs Act. It raises two questions as to the construction of that statute:

First. Are words in everyday use to be given, when found on the labels of food products, their ordinary and popular meaning, rather than the commercial significance which they have acquired among manufacturers and dealers?

Second. Does the first proviso' to section 8 of the act permit the use as a name for a compound or mixture intended for food of common words which will to an ordinary man appear to be descriptive, but which, if so understood, will be false…

2Cases cited2 opinions

  1. Tyng v. GrinnellSupreme Court of the United States · 1876
  2. Armour & Co. v. State Dairy & Food CommissionerMichigan Supreme Court · 1909

3Cited by7 opinions

  1. United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
  2. Libby, McNeill & Libby v. United StatesCourt of Appeals for the Second Circuit · 1945
  3. United States v. Two Cases of Chloro-Naptholeum DisinfectantDistrict Court, D. Maryland · 1914
  4. United States v. 17 BOTTLES, ETC.District Court, D. Maryland · 1932
  5. General Foods Corp. v. HendersonNew Mexico Supreme Court · 1973

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