Oliver Wendell Holmes, Jr.

“ It may be conceded that the statute would include such an article when not up to the standard, but sold for the real thing. The public is entitled to protection from deception as well as from impurity. This principle seems to have controlled the decision of the District Court. The record discloses that in one or more instances dealers had supplied this article as condensed milk. But an act or two of this sort by fraudulent dealers ought not to be the test of the plaintiffs' right, or control the meaning of this statute. ”

“ The statute defines a crime, and the question is not different than it would be it the plaintiffs were indicted for its violation. While all statutes are to receive a reasonable interpretation, those of a criminal nature are not to be extended by implication. Condensed milk when this statute was passed was well known to be milk from which a considerable portion of water had been evaporated. Condensed milk to be what its name imports must be made from whole milk. ”

“ As the result of this decision is to exclude from sale in the state of Ohio, a food product not of itself harmful, but shown to be wholesome, we shall briefly state the reasons which impel the dissent. ”