People v. Sterling Amherst Farms Dairy, Inc.

Dowling, J. (dissenting).

I think the beverage was adulterated and misbranded within the meaning of section 200, subdivision 10 and section 201, subdivision 11. The jury could have found that the beverage was misbranded because the label failed to disclose to the purchaser that the coloring was artificial and they could have found that the beverage was adulterated because the coloring used was designed to make the purchaser believe that the orange content was greater than it really was and that the beverage was better than it really was. The trial court had no right to limit the issue to the…