US SUPREME COURT DECISIONS

1. Under § 301(h) of the Federal Food, Drug, and Cosmetic Act of 1938, which prohibits the giving of a false guaranty that any food, drug, device, or cosmetic is not adulterated or misbranded within the meaning of the Act, it is an offense to give a false guaranty to one engaged wholly or partly in an interstate business, irrespective of whether the guaranty leads in any particular instance to an illegal shipment in interstate commerce. P. 331 U. S. 437.

2. As thus construed, § 301(h) is a valid exercise of the power of Congress under the Commerce Clause of the Federal Constitution. Pp. 331 U. S. 437-438.

Reversed.

In a prosecution for violation of the Federal Food, Drug, and Cosmetic Act, the District Court sustained the defendant's motion to dismiss the information. The Government appealed directly to this Court under the Criminal Appeals Act. Reversed, p. 331 U. S. 438.