Oliver Wendell Holmes, Jr.

“ It is true that so far as the question of fraud is concerned the label on the plaintiffs' cans tells the truth-but the consumer in many cases never sees it. Moreover when the label tells the public to use Hebe for purposes to which condensed milk is applied and states of what Hebe is made, it more than half recognizes the plain fact that Hebe is nothing but condensed milk of a cheaper sort. ”

“ We are satisfied that the statute as construed by us is not invalidated by the Fourteenth Amendment. The purposes to secure a certain minimum of nutritive elements and to prevent fraud may be carried out in this way even though condensed skimmed milk and Hebe both should be admitted to be wholesome. The power of the legislature 'is not to be denied simply because some innocent articles or transactions may be found within the proscribed class. ”

“ By section 5778 a food is adulterated if a valuable ingredient has been wholly or in part abstracted from it, and the effect of this provision vision upon skimmed milk is qualified only by section 12720 which states the stringent terms upon which alone that substance can be sold. It seems entirely clear that condensed skimmed milk is forbidden outand only out. But if so the statute cannot be avoided by adding a small amount of cocoa nut oil. ”