Mead Johnson & Co. v. R. H. Macy & Co.

This is a motion to restrain defendant pendente lite from selling products bearing plaintiff’s name, brands and trade-mark below the established price.

Pursuant to the General Business Law (§ 369-a et seq.) plaintiff entered into agreements with retail druggists in the State of New York under which plaintiff did stipulate minimum retail resale prices for its products. Specifically, this proceeding involves price cutting of “ Metrecal ”, a dietary for weight control. It is a relatively new product and was first introduced into the New York market in the Fall of 1959. In view of the public…