Asgrow Seed Co. v. Winterboer

The key to this statutory puzzle is the meaning of the phrase, “as a step in marketing,” as used in 7 U. S. C. § 2541(a)(3) (1988 ed., Supp. V). If it is synonymous with “for the purpose of selling,” as the Court holds, see ante, at 188, then the majority’s comprehensive exposition of the statute is correct. I record my dissent only because that phrase conveys a different message to me.

There must be a reason why Congress used the word “marketing” rather than the more common term “selling.” Indeed, in § 2541(a)(1), contained in the same subsection of the statute as the crucial language,…