Twin City Milk Producers Ass'n v. McNutt

JOHNSEN, Circuit Judge.

In a previous opinion, 8 Cir., 122 F.2d 564, we withheld approval of a regulation of the Federal Security Administrator, fixing a definition and standard of identity for “dried skim milk, powdered skim milk, skim milk powder”, as a human food, because the Administrator’s order promulgating the regulation did not affirmatively show that it was his judgment that his action would “promote honesty and fair dealing in the interest of consumers”, which, under section 401 of the Federal Food, Drug and Cosmetic Act, 52 Stat. 1046, 21 U.S.C.A. § 341, was the sole basis of his…