United States v. Coca Cola Co. of Atlanta
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE SIXTH CIRCUIT. The faqts, which involve the construction and application of the adulteration and misbranding provisions of the Food and Drugs Act of 1906, are stated in the opinion. In construing a statute, every section, provision and clause should be explained by reference to every other, and if possible, every clause and provision shall avail, and have the effect contemplated by the legislature.
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ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE SIXTH CIRCUIT. The faqts, which involve the construction and application of the adulteration and misbranding provisions of the Food and Drugs Act of 1906, are stated in the opinion. In construing a statute, every section, provision and clause should be explained by reference to every other, and if possible, every clause and provision shall avail, and have the effect contemplated by the legislature. One portion of a statute should not be so construed as to annul or destroy what has been clearly granted by another. The most general and absolute…
1Opinion of the CourtJustice Hughes
This is a libel for condemnation under the Food and Drugs Act (June 30, 1906, c. 3915, 34 Stat. 768) of a certain quantity of a food product known as ‘Coca Cola’ transported, for sale, from Atlanta, Georgia, to Chattanooga, Tennessee. It was alleged that the product was adulterated and misbranded. The allegation of adulteration was, in substance, that the product contained an added poisonous or added deleterious ingredient, caffeine, which might render the product injurious to health. It was alleged to be misbranded in that the name 'Coca Cola’ was a representation of the presence of the…
2Cases cited4 opinions
- Savage v. JonesSupreme Court of the United States · 1912
- United States v. Lexington Mill & Elevator Co.Supreme Court of the United States · 1914
- Four Hundred & Forty-Three Cans of Frozen Egg Product v. United StatesSupreme Court of the United States · 1912
- United States v. Antikamnia Chemical Co.Supreme Court of the United States · 1914
3Cited by38 opinions
- Duplex Printing Press Co. v. DeeringSupreme Court of the United States · 1921
- Coca-Cola Co. v. Koke Co. of AmericaSupreme Court of the United States · 1920
- Cleo Syrup Corporation v. Coca-Cola Co.Court of Appeals for the Eighth Circuit · 1943
- Dixi-Cola Laboratories, Inc. v. Coca-Cola Co.Court of Appeals for the Fourth Circuit · 1941
- United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
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