People v. French Bottling Works, Inc.

This appeal calls into question the validity of the provision of the Sanitary Code (§ 139-b) in force in the city of New York relative to labeling bottled nonalcoholic carbonated beverages, which requires the dealer to indicate the presence of “ saccharin or other synthetic sweetening agent ” on the bottle or container or cap.

The Greater New York Charter (Laws of 1901, ch. 466, amd. by Laws of 1904, ch. 628, § 3) authorizes the Board of Health to embrace in the Sanitary Code “ all matters and subjects to which, and so far as, the power and authority of said department of health extends, not…