United States v. Ninety-Five Barrels Alleged Apple Cider Vinegar’s Empirical Analysis
265 U.S. 438 · 1924
Citation profile
89 federal appellate · 30 district · 10 state decisions
How this case has been cited
Cited by 169 later decisions (3 by the Supreme Court) — most recently July 2009 · most notably Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976), Williams v. Gerber Products Co. (2008)
89 federal appellate · 30 district · 10 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.
Appellate journey
reviewedthe decision below (from Sixth Circuit Court of Appeals)
Relationships
Relies on United States of America v. Lexington Mill & Elevator Company · United States of America v. Antikamnia Chemical Company · City of Louisville v. Cumberland Telephone & Telegraph Co. · United States v. Schider
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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Deception may result from the use of statements not technically false or which may be literally true.””
10 later decisions quote this exact passage · from the majority““For the purpose of this chapter, an article shall also be deemed to be misbranded— “In case of drugs: * * •* “In case of food: “1. If it be an imitation of, or offered for sale under-the distinctive name of, another article. “2. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or is an imitation in package or label of another substance of a", previously established name, or which has been trade-marked or patented. * * * “3. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count. * * * “4. If the package containing it or its label shall bear any statement, design or device regarding the ingredients of the substances contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, that an article of food which does not contain any added poisonous or deleterious.ingredients shall not be deemed to be adulterated or misbranded in the following cases: “(1) In the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food,, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. “(2) In the case of articles”
1 later decision quote this exact passage · from the majority“apple cider vinegar made from selected apples”
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.