Libby v. United States’s Empirical Analysis
148 F.2d 71 · 1945
Citation profile
11 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 1993
11 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 21 U.S.C. § 342 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 343 (Federal Food, Drug, and Cosmetic Act)
Relies on United States v. Carolene Products Co. · Federal Security Adm'r v. Quaker Oats Co · United States v. Two Bags, Each Containing 110 Pounds, Poppy Seeds · Libby v. United States · Nolan v. Morgan
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellant contends that the label is controlling, that its product does not thereby purport to be catsup, even though it conforms in all respects to the standard, except for the added ingredient. It is a specific article, namely, tomato catsup with preservative, and since its label truthfully so indicates, there is no misbranding. * * * If producers of food products may, by adding to the common name of any such product mere words of qualification or description, escape the regulation of the Administrator, then the fixing of a standard for commonly known foods becomes utterly futile as an instrument for the protection of the consuming public. * * * The present product is intended to satisfy the demand and supply the market for — cat-sup. Emphasis is laid on its conforming to standard except for the preservative. The argument defeats itself, for if it is an article of food, distinguished from the standard by the qualification, then other ingredients may be added or defined ingredients or processes omitted without conflicting with the regulation, if containers are truthfully labeled.” Judge Simons discussed the Quaker Oats case and concluded, 148 F.2d at page 73 : “Neither the decision nor its rationalization in the Quaker Oats case, can be escaped by a product that looks, tastes, and smells like catsup, which caters to the market for catsup, which dealers bought, sold, ordered, and invoiced as catsup, without reference to the preservative, and which substituted for catsup on t”
1 later decision quote this exact passage · from the majority“A food shall be deemed to be misbranded —”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.