sullivan
argued
december
decided
january
sullivan
robert
stern
washington
petitioner
robert
arnold
madden
hatcher
columbus
respondent
justice
black
delivered
opinion
respondent
retail
druggist
columbus
georgia
charged
two
counts
information
violation
federal
food
drug
cosmetic
act
section
prohibits
act
respect
drug
act
done
article
held
sale
shipment
interstate
commerce
results
article
misbranded
section
act
declares
drug
misbranded
unless
labeling
bears
adequate
directions
use
adequate
warnings
use
dangerous
health
unsafe
dosage
necessary
protection
users
information
charged
specifically
respondent
performed
certain
acts
resulted
sulfathiazole
sale
shipment
interstate
commerce
facts
alleged
laboratory
shipped
interstate
commerce
chicago
illinois
consignee
atlanta
georgia
number
bottles
containing
sulfathiazole
tablets
bottles
labels
affixed
required
act
set
adequate
directions
use
tablets
adequate
warnings
protect
ultimt
consumers
dangers
incident
use
respondent
bought
one
properly
labeled
bottles
sulfathiazole
tablets
atlanta
consignee
transferred
columbus
georgia
drugstore
held
tablets
resale
two
separate
occasions
twelve
tablets
removed
properly
labeled
branded
bottle
placed
pill
boxes
sold
customers
boxes
labeled
contain
statutorily
required
adequate
directions
use
warnings
danger
respondent
motion
dismiss
information
overruled
jury
waived
evidence
heard
respondent
convicted
counts
circuit
appeals
reversed
thought
result
respondent
action
sulfathiazole
became
within
meaning
federal
act
possible
sense
act
language
include
happened
however
also
opinion
act
taken
broadly
held
apply
holding
first
sale
importer
interstate
shipment
thus
circuit
appeals
interpreted
statutory
language
article
held
sale
shipment
interstate
commerce
though
congress
said
article
held
sale
person
received
way
shipment
interstate
commerce
granted
certiorari
review
important
question
concerning
act
coverage
first
narrow
construction
given
rested
much
upon
language
upon
circuit
view
consequences
might
result
broader
interpretation
urged
government
pointed
retail
sales
involved
made
columbus
nine
months
sulfathiazole
shipped
chicago
atlanta
impressed
fact
statutory
language
article
held
sale
shipment
interstate
commerce
given
literal
meaning
criminal
provisions
relied
state
sales
imported
drugs
number
intermediate
sales
within
state
lapse
time
sales
drugs
also
similar
retail
sales
foods
devices
cosmetics
equally
covered
provisions
act
emphasized
consequences
result
farreaching
inroads
upon
customary
control
local
authorities
traditionally
local
activities
purpose
afford
local
retail
purchasers
federal
protection
harmful
foods
drugs
cosmetics
ascribed
congress
absence
exceptionally
clear
mandate
citing
federal
trade
commission
bunte
another
reason
refraining
construing
act
applicable
articles
misbranded
held
retail
sale
even
though
articles
previously
shipped
interstate
commerce
opinion
sc
construction
raise
grave
doubts
act
constitutionality
support
position
cited
national
labor
relations
board
jones
laughlin
steel
coroporation
schechter
poultry
corporation
restrictive
interpretation
given
statute
merely
congress
chosen
depart
custom
giving
effect
express
language
employed
congress
might
require
face
constitutional
question
none
foregoing
cases
relied
authorizes
interpreting
statute
depart
clear
meaning
reasonably
plain
congress
meant
act
prohibit
certain
conduct
one
references
justifies
distortion
congressional
purpose
even
clearly
correct
purpose
makes
marked
deviations
custom
leads
inevitably
holding
constitutional
invalidity
although
criminal
statutes
must
precise
unambiguous
ordinary
person
know
avoid
unlawful
conduct
see
kraus
even
determining
whether
statutes
meet
test
given
fair
meaning
accord
evident
intent
congress
raynor
second
another
consideration
moved
circuit
appeals
give
statute
narrow
construction
belief
holding
case
reference
misbranding
drugs
retail
druggist
necessarily
apply
also
retail
sales
foods
devices
cosmetics
said
equally
covered
provisions
act
effect
possible
coverage
act
graphically
magnified
told
application
local
sales
sulfathiazole
logically
require
retail
grocers
beauty
parlor
operators
reproduce
bulk
container
labels
individual
item
taken
container
sell
purchaser
even
prophesied
given
interpretation
urged
government
later
applied
require
retail
merchants
label
sticks
candy
sardines
removed
containers
sale
scope
offense
congress
defined
judicially
narrowed
applied
drugs
envisioning
extreme
possible
applications
different
misbranding
provisions
relate
food
cosmetics
like
opportunity
enough
consider
contingencies
ever
arise
may
noted
however
administrator
act
given
rather
broad
enough
undoubtedly
enable
perform
duties
fairly
without
wasting
efforts
may
technical
infractions
law
illustration
administrator
discretion
permits
excuse
minor
violations
warning
believes
public
interest
thereby
quately
served
administrator
given
extensive
authority
issue
regulations
exempting
labeling
requirements
many
articles
otherwise
fall
within
portion
act
provisions
regard
food
apparently
broad
enough
permit
relaxation
labeling
requirements
might
otherwise
impose
burden
retailers
proportion
value
consumer
third
seek
meaning
language
find
offense
creates
charged
requires
act
respect
drug
results
misbranded
article
held
sale
shipment
interstate
mmerce
respondent
seriously
contended
portion
ambiguous
section
seen
provides
drug
misbranded
unless
labeling
contains
adequate
directions
adequate
warnings
labeling
contain
information
requires
suggestion
although
alteration
mutilation
destruction
obliteration
bottle
label
transferring
pills
boxes
long
labeling
empty
bottle
disturbed
argument
sustained
chief
purpose
forbidding
destruction
label
keep
intact
information
protection
consumer
purpose
frustrated
pills
consumer
buys
labeled
required
whether
label
torn
original
container
pills
transferred
one
find
ambiguity
misbranding
language
act
furthermore
require
great
ingenuity
discover
ambiguity
additional
requirement
misbranding
occur
article
held
sale
shipment
interstate
commerce
words
accurately
describe
respondent
conduct
held
drugs
sale
shipped
interstate
commerce
chicago
atlanta
true
respondent
bought
six
months
interstate
shipment
completed
delivery
another
consignee
language
used
congress
broadly
unqualifiedly
prohibits
misbranding
articles
held
sale
shipment
interstate
commerce
without
regard
long
shipment
misbranding
occurred
many
intrastate
sales
intervened
received
articles
end
interstate
shipment
accordingly
find
conduct
respondent
falls
within
literal
language
fourth
given
meaning
found
literal
language
thoroughly
consistent
general
aims
purposes
act
act
whole
designed
primarily
protect
consumers
dangerous
products
recognized
dotterweich
reviewing
house
senate
committee
reports
bill
became
law
purpose
safeguard
consumer
applying
act
articles
moment
introduction
interstate
commerce
way
moment
delivery
ultimate
consumer
section
forbids
delivery
introduction
interstate
commerce
misbranded
adulterated
drugs
forbids
misbranding
adulteration
drugs
interstate
commerce
prohibits
interstate
commerce
misbranded
adulterated
drug
delivery
proffered
delivery
thereof
pay
otherwise
three
paragraphs
alone
supply
protection
way
consumer
words
paragraph
article
held
sale
shipment
interstate
commerce
apparently
designed
fill
gap
extend
act
coverage
every
article
gone
interstate
commerce
finally
reached
ultimate
consumer
doubtless
purpose
insure
federal
protection
moment
articles
passed
hands
consumer
way
intrastate
transaction
moved
house
committee
interstate
foreign
commerce
report
section
act
follows
order
extend
protection
consumers
contemplated
law
full
extent
constitutionally
possible
paragraph
inserted
prohibiting
changing
labels
misbrand
articles
held
sale
interstate
shipment
hold
prohibits
misbranding
arged
information
fifth
contended
act
construed
beyond
authority
granted
congress
constitution
invades
powers
reserved
similar
challenge
made
pure
food
drug
act
stat
et
rejected
mcdermott
state
wisconsin
act
contain
prohibit
misbranding
authorized
seizure
misbranded
articles
shipped
one
state
another
long
remained
authority
congress
make
requirement
upheld
proper
exercise
powers
commerce
clause
two
variants
circumstances
case
one
mcdermott
case
labels
involved
original
containers
labels
required
put
original
boxes
tablets
transferred
also
mcdermott
case
possessor
labeled
cans
held
sale
receive
way
interstate
sale
shipment
petitioner
received
sulfathiazole
way
intrastate
sale
shipment
bought
wholesaler
received
direct
consignee
interstate
shipment
variants
sufficient
think
detract
applicability
mcdermott
holding
present
decision
cases
alike
question
relates
constitutional
power
congress
commerce
clause
regulate
branding
articles
completed
interstate
shipment
held
future
sales
purely
local
intrastate
commerce
reasons
given
mcdermott
holding
therefore
equally
applicable
persuasive
many
cases
decided
since
mcdermott
decision
lend
support
validity
see
walsh
wickard
filburn
wrightwood
dairy
darby
see
olsen
reversed
justice
rutledge
concurring
case
presented
federal
food
drug
cosmetic
act
posed
inescapable
dilemma
said
must
either
ignore
congress
obvious
intention
protect
ultimate
consumers
drugs
labeling
requirements
literally
plainly
made
applicable
sales
case
make
criminal
every
corner
grocer
takes
stick
candy
properly
labeled
container
sells
child
without
wrapping
similar
label
factor
found
statute
provisions
relating
specifically
drugs
provisions
taken
clear
unequivocal
expressed
purpose
protect
ultimate
consumer
labeling
requirements
legislative
history
standing
alone
therefore
drug
provisions
cover
case
without
room
serious
question
however
provisions
stand
entirely
separate
independent
act
structure
respects
particularly
interlaced
provisions
affecting
food
cosmetics
fact
drawn
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decision
necessarily
control
future
decisions
concerning
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commodities
statute
written
required
furnishing
substantial
basis
differentiating
cases
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difficult
conceive
think
statute
laid
trap
said
faced
oversimplified
view
terms
effects
produce
result
act
long
complia
ted
numerous
provisions
treat
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subjects
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food
cosmetics
alike
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ignored
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looking
merely
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true
deals
indiscriminately
food
drugs
devices
cosmetics
surface
terms
alone
hence
said
transfer
sulfathiazole
highly
dangerous
drug
bulk
container
small
box
retail
sale
act
unless
similar
transfer
candies
usually
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also
act
hypothesis
concluded
phrase
must
interpreted
reference
particularities
precede
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alteration
mutilation
destruction
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removal
part
label
must
limited
particularities
construction
almost
quite
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section
goes
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effective
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dealer
holding
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sale
shipment
interstate
commerce
avoid
statute
effect
simply
leaving
label
intact
removing
contents
bulk
container
selling
however
deadly
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parcels
without
label
warning
think
congress
meant
phrase
disastrously
limited
act
respect
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drug
device
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prohibited
act
results
article
misbranded
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provides
single
common
definition
misbranding
foods
drugs
cosmetics
separate
differing
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lump
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hopper
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contain
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presents
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problems
interpretation
neither
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section
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provision
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section
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indicates
particular
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whereas
method
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shall
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children
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health
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manner
form
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users
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device
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health
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shall
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regulations
exempting
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device
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designed
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requires
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container
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drug
reaches
ultimate
consumer
legislative
history
leaves
doubt
draftsmen
sponsors
realized
importance
dangerous
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properly
labeled
time
use
time
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intent
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health
emphasized
limited
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basis
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regulations
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respect
artificial
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apply
case
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cheese
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cream
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contrast
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shipped
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ness
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health
practical
considerations
affecting
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compliance
manufacturers
retailers
irrelevant
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thus
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intent
much
rigid
invariable
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contemplated
foods
apart
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articles
candies
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much
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corner
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result
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congress
power
impose
drug
restrictions
clearly
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case
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corner
grocer
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judgment
reversed
therefore
join
judgment
opinion
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justice
frankfurter
dissenting
takes
nine
pages
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considerations
seems
controlling
difficulty
rendering
federal
food
drug
cosmetic
act
stat
section
doubtr
elates
articles
sale
shipment
interstate
commerce
results
article
misbranded
article
mutilation
destruction
obliteration
removal
whole
part
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act
respect
food
drug
device
cosmetic
mutilation
destruction
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part
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decisive
question
whether
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container
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bag
whether
food
drug
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context
phrase
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setting
federal
food
drug
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act
particularly
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upon
appropriate
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day
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whether
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ordinary
retail
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every
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store
grocery
throughout
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places
every
corner
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store
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administrator
may
report
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part
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reason
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conduct
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force
phrase
food
drugs
cosmetics
insofar
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act
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drugs
cosmetics
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calls
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phrase
act
context
rest
sentence
due
regard
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fact
also
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concerned
protection
health
welfare
citizens
transactions
peculiarly
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including
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entirety
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