New York Court of Appeals

Defiance Milk Products Company v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New…

February 16, 1956309 N.Y. 537

Summary

The New York Court of Appeals affirmed the constitutionality of the 10‑pound container requirement for evaporated skimmed milk, holding that the statute is a rational exercise of the police power and does not violate due process. The court rejected the plaintiff’s claim that the ban is arbitrary, noting evidence of consumer confusion and the legislature’s rational basis. Justice Conway dissented, arguing the statute exceeds permissible police power.