US SUPREME COURT DECISIONS

The primary purpose of Congress in enacting the Food and Drugs Act of 1906 was to prevent injury to the public health by the sale and transportation in interstate commerce of misbranded and adulterated food.

As against adulteration, the statute was intended to protect the public health from possible injury by adding to articles of food consumption poisonous and deleterious substances which might render such articles injurious to health.

Where such a purpose has been effected by plain and unambiguous language by an act within the power of Congress, the only duty of the courts is to give the act effect according to its terms.

The inhibition in subdivision 5 of § 7 of the Food and Drugs Act of 1906 against the addition of any poisonous or other added deleterious ingredient which may render an article of food injurious to health is definitely limited to the particular class of adulteration specified, and in order to condemn the article under subdivision 5, it is incumbent upon the government to establish that the added substance may render the article injurious to health.

In subdivision 5 of § 7 of the Food and Drugs Act of 1906, the word "may" is used in its ordinary and usual signification, and if an article of food may not, by the addition of a small amount of poisonous substance, by any possibility injure the health of any consumer, it may not be condemned under this subdivision of the act.

202 F.6d 5 affirmed.

The facts, which involve the construction of subdivisions chanrobles.com-red

Page 232 U. S. 400

4 and 5 of § 7 of the Food and Drugs Act of 1906, are stated in the opinion. chanrobles.com-red

Page 232 U. S. 404