McDERMOTT v. STATE OF WISCONSIN.; GRADY v. SAME., 228 U.S. 115

Summary

Defendants, retail merchants, purchased syrup from a wholesaler in a different state, removed the cans of syrup from the shipping containers, and placed it on their shelves for sale to the public. The syrup cans were not labeled in accordance with 1907 Wis. Laws 4601, which prescribed specific labeling of syrup that indicated its contents. Offering syrup that was not labeled according to the statute was a criminal offense. The state appellate court affirmed defendants' convictions. On further review, the Court reversed, holding that 1907 Wis. Laws 4601was invalid. The Court reasoned that the subject of labeling of foods shipped in interstate commerce had been dealt with by Congress under the Food and Drugs Act, 34 Stat. 768, which also made mislabeling a crime. The Court held that the fact that defendants had placed the syrup on their shelves did not remove it from interstate commerce and found that the labeling complied with 34 Stat. 768. Because the state syrup law placed a burden ...