William O. Douglas

“ Under the definition of types or grades of tobacco and the labeling which the Federal Government has adopted, complementary state regulation is as fatal as state regulations which conflict with the federal scheme. ”

“ It is earnestly argued that there is no conflict between Georgia's regulation and the federal law, as all that Georgia requires is that type 14 tobacco, grown in Georgia, be labeled as such. In that connection it is pointed out that type 14 tobacco as defined by the federal regulations includes tobacco 'produced principally' in Georgia, Florida, and Alabama and that labeling it by its georgraphical origin merely supplements the federal regulation and does not conflict with it. ”

“ As we have seen, the Federal Tobacco Inspection Act in § 2, 7 U.S.C. § 511a, 7 U.S.C.A. § 511a, says that 'uniform standards of classification and inspection' are 'imperative for the protection of producers and others engaged in commerce and the public interest therein.' The House Report No. 1102, 74th Cong., 1st Sess., reviewed at length the harm to growers that resulted from the absence of regulations governing the 'grades' of tobacco sold on the auction market. ”