United States v. Carolene Products Co.

The question for decision is whether the “Filled Milk Act” of Congress of March 4; 1923 (c. 262, 42 Stat. 1486, 21 U. S. C. §1 61-63),1 which prohibits the shipment in *146interstate commerce of skimmed milk compounded with any fat or oil other than milk fat, so as to resemble milk or cream, transcends the power of Congress to regulate interstate commerce or infringes the Fifth Amendment.

Appellee was indicted in the district court for southern Illinois for violation of the Act by the shipment in interstate commerce of certain packages of “Milnut,” a com-' pound of condensed skimmed milk and…