hunt washington apple advertising argued february decided june appellee statutory agency promotion protection washington state apple industry composed state growers dealers chosen electoral districts fellow growers dealers mandatory assessments finance appellee operations brought suit challenging constitutionality north carolina statute requiring apples sold shipped north carolina closed containers identified grade containers applicable federal grade designation apples graded district granted requested injunctive declaratory relief holding appellee standing challenge statute jurisdictional amount satisfied challenged statute unconstitutionally discriminated commerce insofar affected interstate shipment washington apples held appellee standing bring action representational capacity pp association standing bring suit behalf members members otherwise standing sue right interests seeks protect germane organization purpose neither claim asserted relief requested requires participation lawsuit individual members warth seldin pp prerequisites associational standing described warth clearly present risk otherwise losing north carolina accounts washington apple growers dealers cost obliterated washington state grades large volume north containers stopped using preprinted containers thus diminishing efficiency marketing operations appellee attempt remedy injuries central purpose protecting enhancing washington apple market neither appellee constitutional claim relief requested requires individualized proof pp though appellee state agency account precluded asserting claims state apple growers dealers since practical purposes appellee performs functions traditional trade association apple growers members appellee traditional trade association sense possess indicia organization membership electing members ones serve commission financing activities consequence membership assessments mandatory pp appellee interests may adversely affected outcome litigation since annual assessments used support activities tied production washington apples reduced market apples declines result north carolina statute requirements satisfied since appellee standing litigate constituents claims may rely meet requisite amount controversy appear legal certainty claims least individual growers dealers come amount view substantial annual sales volume washington apples north carolina million continuing nature statute interference washington apple industry coupled evidence record growers dealers suffered continue suffer losses various types operation challenged statute paul mercury indemnity red cab pp north carolina statute violates commerce clause burdening discriminating interstate sale washington apples pp statute raises costs business north carolina market washington growers dealers leaving unaffected north carolina counterparts still free market apples federal grade none pp statute strips washington apple industry competitive economic advantages earned expensive stringent mandatory state inspection grading system exceeds federal requirements requiring washington apples sold inferior grades federal counterparts north carolina statute offers north carolina apple industry sort protection competition commerce clause designed prohibit pp even statute intended discriminatory enacted declared purpose protecting consumers deception fraud multiplicity state grades statute remarkably little goal least respect washington apples grades permits marketing apples closed containers grades nothing purify flow information retail level moreover washington grades led type deception statute assertedly aimed since grades equal surpass comparable federal standards pp nondiscriminatory alternatives outright ban washington state grades readily available burger delivered opinion members joined except rehnquist took part consideration decision case john jordan argued cause appellants brief rufus edmisten attorney general north carolina millard rich deputy attorney general slade gorton attorney general washington argued cause appellee brief edward mackie deputy attorney general james arneil special assistant attorney general chief justice burger delivered opinion north carolina enacted statute required inter alia closed containers apples sold offered sale shipped state bear grade applicable grade standard stat action brought washington state apple advertising commission federal district invalidated statute insofar prohibited display washington state apple grades ground unconstitutionally discriminated interstate commerce specific questions presented appeal whether commission standing bring action whether satisfied requirement whether challenged north carolina statute constitutes unconstitutional burden interstate commerce washington state nation largest producer apples crops accounting approximately apples grown domestically nearly half apples shipped closed containers interstate commerce might expected production sale apples scale multimillion dollar enterprise plays significant role washington economy importance apple industry state legislature undertaken protect enhance reputation washington apples establishing stringent mandatory inspection program administered state department agriculture requires apples shipped interstate commerce tested strict quality standards graded accordingly cases washington state grades gained substantial acceptance trade equivalent superior comparable grades standards adopted department agriculture usda compliance washington inspection scheme costs state growers approximately million year addition inspection program state legislature sought enhance market washington apples creation state agency washington state apple advertising commission charged statutory duty promoting protecting state apple industry commission composed washington apple growers dealers nominated elected within electoral districts fellow growers dealers rev code among activities promotion washington apples domestic foreign markets advertising market research analysis public education well scientific research uses development improvement apples activities financed entirely assessments levied upon apple industry year litigation began assessments totaled approximately million assessments initially fixed statute increased upon majority vote apple growers north carolina board agriculture adopted administrative regulation unique effect required closed containers apples shipped sold state display either applicable usda grade notice indicating classification state grades expressly prohibited addition obvious consequence prohibiting display washington state apple grades containers apples shipped north carolina regulation presented washington apple industry marketing problem potentially nationwide significance washington apple growers annually ship commerce approximately million closed containers apples nearly eventually find way north carolina stamped applicable washington state variety grade industry practice purchase containers preprinted various apple varieties grades prior harvest containers filled apples appropriate type grade substantial portion placed warehouses grade labels identify product facilitate handling apples shipped needed throughout year february year constitute approximately apples sold fresh markets country since ultimate destination apples unknown time placed storage compliance north carolina unique regulation required washington growers obliterate printed labels containers shipped north carolina thus giving product damaged appearance alternatively changed marketing practices accommodate needs north carolina market repack apples shipped north carolina containers bearing usda grade store estimated portion harvest destined market special containers last resort discontinue use preprinted containers entirely none costly less efficient options attractive industry moreover event number followed north carolina lead resultant inability display washington grades force washington growers abandon state expensive inspection grading system customers come know rely years existence problems confronting industry washington state apple advertising commission petitioned north carolina board agriculture amend regulation permit display state grades administrative hearing held question relief granted indeed north carolina hardened position shortly thereafter enacting regulation law apples sold offered sale shipped state closed containers shall bear container bag receptacle grade applicable grade standard marking unclassified graded grade determined stat unsuccessful attempts secure administrative relief commission instituted action challenging constitutionality statute district eastern district north carolina complaint invoked district jurisdiction sought declaration statute violated inter alia commerce clause constitution art cl insofar prohibited display washington state grades prayed permanent injunction enforcement manner federal district convened pursuant consider commission constitutional attack statute hearing district granted requested relief supp outset held commission standing challenge statute right behalf washington state growers dealers requirement satisfied proceeding merits district found north carolina statute neutral face actually discriminated washington state growers dealers favor local counterparts discrimination resulted fact north carolina unlike washington never established grading inspection system hence statute effect existing practices north carolina producers still free use usda grade none washington growers dealers hand forced alter procedures substantial cost abandon north carolina market district concluded discrimination competitors justified asserted local interest elimination deception confusion marketplace arguably furthered statute indeed noted statute irrationally drawn accomplish alleged goal since permitted marketing closed containers apples without grade therefore held statute unconstitutionally discriminated commerce insofar affected interstate shipment washington apples enjoined application appeal followed postponed consideration question jurisdiction hearing case merits sub nom holshouser washington state apple advertising north carolina officials vigorously contest washington commission standing prosecute action either right behalf state apple industry purports represent outset appellants maintain commission lacks personal stake outcome litigation essential invocation jurisdiction baker carr commission point state agency engaged production sale washington apples shipment north carolina rather north carolina activities limited promotion washington apples market advertising appellants contend challenged statute impact activity since prohibits display state apple grades closed containers apples indeed since statute imposed restrictions advertisement washington apples grades labeling ban affects parties actually engaged apple trade commission said free carry activities engaged prior regulatory program appellants therefore argue commission suffers injury economic otherwise statute operation result make case controversy appellants needed establish standing constitutional sense arlington heights metropolitan housing dev warth seldin moreover appellants assert commission rely injuries statute allegedly inflicts individually collectively washington apple growers dealers order confer standing growers dealers appellants argue disabilities prevent coming forward protect rights fact injured statute operation event appellants contend commission proper representative industry interests although recognized association may standing assert claims members even suffered injury challenged activity warth seldin supra national motor freight assn commission traditional voluntary membership organization trade association members thus since commission members whose claims might raise since suffered distinct palpable injury assert abstract concern washington apple industry basis standing type interest appellants argue substitute concrete injury required art iii simon eastern ky welfare rights commission voluntary membership organization typical trade association standing bring action representative constituents clear prior decisions warth seldin supra stated even absence injury association may standing solely representative members association must allege members one suffering immediate threatened injury result challenged action sort make justiciable case members brought suit long established long nature claim relief sought make individual participation injured party indispensable proper resolution cause association may appropriate representative members entitled invoke jurisdiction hether association standing invoke remedial powers behalf members depends substantial measure nature relief sought proper case association seeks declaration injunction form prospective relief reasonably supposed remedy granted inure benefit members association actually injured indeed cases expressly recognized standing associations represent members relief sought kind prerequisites associational standing described warth clearly present commission complaint alleged district found fact north carolina statute caused washington apple growers dealers obliterate washington state grades large volume closed containers destined north carolina market cost ranging cents per carton abandon use preprinted containers thus diminishing efficiency marketing operations lose accounts north carolina injuries direct sufficient establish requisite case controversy washington apple producers appellants moreover commission attempt remedy injuries secure industry right publicize grading system central commission purpose protecting enhancing market washington apples finally neither interstate commerce claim request declaratory injunctive relief requires individualized proof thus properly resolved group context question presented therefore whether record commission status state agency rather traditional voluntary membership organization precludes asserting claims washington apple growers dealers form constituency think commission admittedly state agency practical purposes performs functions traditional trade association representing washington apple industry previously noted purpose protection promotion washington apple industry pursuit end engaged advertising market research analysis public education campaigns scientific research thus serves specialized segment state economic community primary beneficiary activities including prosecution kind litigation moreover apple growers dealers members commission traditional trade association sense possess indicia membership organization alone elect members commission alone may serve commission alone finance activities including costs lawsuit assessments levied upon real sense therefore commission represents state growers dealers provides means express collective views protect collective interests find significant determining whether commission may properly represent constituency membership compelled form mandatory assessments membership union equivalent often required likewise membership bar association may also agency state often prerequisite practice law yet neither instance reasonable suggest organization lacked standing assert claims constituents finally note interests commission may adversely affected outcome litigation annual assessments paid commission tied volume apples grown packaged washington apples event north carolina statute results contraction market washington apples prevents market expansion might otherwise occur reduce amount assessments due commission used support activities financial nexus interests commission constituents coalesces factors noted assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions baker carr see also naacp alabama ex rel patterson circumstances presented exalt form substance differentiate washington commission traditional trade association representing individual growers dealers collectively form constituency therefore agree district commission standing bring action representational capacity turn next appellants claim commission failed satisfy requirement appellants maintain commission demonstrated right free restrictions imposed challenged statute worth requisite indeed argue commission made real effort instead attempted rely actual threatened injury individual washington apple growers dealers upon statute direct impact claim growers dealers parties litigation alternatively appellants argue even commission properly rely claims individual growers dealers establish required jurisdictional amount without aggregating claims aggregation argue impermissible decisions snyder harris zahn international paper determination commission standing assert rights individual growers dealers representational capacity disposes appellants first contention obviously commission standing litigate claims constituents may also rely meet requisite amount controversy hence proceed question whether claims sufficient confer jurisdiction district resolving issue found unnecessary reach aggregation question posed appellants appear us legal certainty claims least individual growers dealers amount required paul mercury indemnity red cab actions seeking declaratory injunctive relief well established amount controversy measured value object litigation mcnutt general motors acceptance glenwood light water mutual light heat power hunt new york cotton exchange moore federal practice ed wright miller cooper federal practice procedure object right individual washington apple growers dealers conduct business affairs north carolina market free interference challenged statute value right measured losses follow statute enforcement mcnutt supra buck gallagher kroger grocery baking lutz packard banton record demonstrates growers dealers suffered continue suffer losses various types example evidence supporting district finding individual growers shippers lost accounts north carolina direct result statute obviously lost sales lead diminished profits also evidence support finding individual growers dealers incurred substantial costs complying statute previously noted statute caused growers dealers manually obliterate washington grades closed containers shipped north carolina cost cents per carton dealers decided alter marketing practices without cost repacking apples abandoning use preprinted containers entirely among things costs compliance properly considered computing amount controversy buck gallagher supra packard banton supra allway taxi new york supp sdny aff addition statute deprived growers dealers rights utilize effectively washington state grades record demonstrates long standing gained wide acceptance trade competitive advantages thus lost regained without incurring additional costs form advertising etc cf spock david rev grounds moreover since many apples eventually shipped north carolina already gone expensive inspection grading procedure challenged statute additional effect causing growers dealers incur inspection costs unnecessarily substantial volume sales north carolina record demonstrates alone sales excess million continuing nature statute interference business affairs commission constituents preclude saying legal certainty record losses expenses time done already amount requisite least individual growers dealers sufficient sustain district jurisdiction requirements therefore met turn finally appellants claim district erred holding north carolina statute violated commerce clause insofar prohibited display washington state grades closed containers apples shipped state appellants really contest district determination challenged statute burdened washington apple industry increasing costs business north carolina market causing lose accounts rather maintain burdens interstate sale washington apples far outweighed local benefits flowing contend valid exercise north carolina inherent police powers designed protect citizenry fraud deception marketing apples prior statute enactment appellants point apples different shipped north carolina sale seven including state washington grading systems differing standards used similar descriptive labels fancy extra fancy multiplicity inconsistent state grades district found posed dangers deception confusion north carolina market nation whole north carolina statute appellants claim enacted eliminate source deception confusion replacing numerous state grades single uniform standard moreover contended north carolina sought accomplish goal uniformity evenhanded manner evidenced fact statute applies apples sold closed containers state without regard point origin nonetheless appellants argue district gave scant attention obvious benefits flowing challenged legislation long line decisions holding possess broad powers protect local purchasers fraud deception marketing foodstuffs florida lime avocado growers paul pacific box basket white corn products refining eddy appellants properly point every exercise state authority imposing burden free flow commerce invalid great atlantic pacific tea cottrell freeman hewit although commerce clause acts limitation upon state power even without congressional implementation great atlantic pacific tea supra freeman hewit supra cooley board wardens opinions long recognized absence conflicting legislation congress residuum power state make laws governing matters local concern nevertheless measure affect interstate commerce even extent regulate southern pacific arizona ex rel sullivan district correctly found challenged statute practical effect burdening interstate sales washington apples also discriminating discrimination takes various forms first obvious statute consequence raising costs business north carolina market washington apple growers dealers leaving north carolina counterparts unaffected previously noted disparate effect results fact north carolina apple producers unlike washington competitors forced alter marketing practices order comply statute still free market wares usda grade none done prior statute enactment obviously increased costs imposed statute tend shield local apple industry competition washington apple growers dealers already competitive disadvantage great distance north carolina market second statute effect stripping away washington apple industry competitive economic advantages earned expensive inspection grading system record demonstrates washington system gained nationwide acceptance apple trade indeed contains numerous affidavits apple brokers dealers located inside outside north carolina state preference customers apples graded washington opposed usda system former greater consistency emphasis color supporting mandatory inspections statute similar impact north carolina apple industry thus operated benefit third prohibiting washington growers dealers marketing apples state grades statute leveling effect insidiously operates advantage local apple producers noted earlier washington state grades equal superior usda grades corresponding categories hence free market forces work washington sellers normally enjoy distinct market advantage local producers categories washington grade superior however statute operation washington apples otherwise qualify sold superior washington grades marketed inferior usda counterparts downgrading offers north carolina apple industry sort protection competing products commerce clause designed prohibit worst effect embargo washington apples superior grades washington dealers withhold north carolina market best deprive washington sellers market premium apples otherwise command despite statute facial neutrality commission suggests discriminatory impact interstate commerce unintended byproduct indications record effect glaring response north carolina agriculture commissioner commission request exemption following statute passage indicated support exemption want sentiment apple producers since mainly responsible legislation passed app emphasis added moreover find somewhat suspect north carolina singled closed containers apples means apples transported commerce effectuate statute ostensible consumer protection purpose apples generally sold retail shipping containers however need ascribe economic protection motive north carolina legislature resolve case conclude challenged statute stand insofar prohibits display washington state grades even enacted declared purpose protecting consumers deception fraud marketplace discrimination commerce type found demonstrated burden falls state justify terms local benefits flowing statute unavailability nondiscriminatory alternatives adequate preserve local interests stake dean milk madison see also great atlantic pacific tea pike bruce church polar ice cream creamery andrews baldwin seelig north carolina failed sustain burden scores several unquestionably possess substantial interest protecting citizens confusion deception marketing foodstuffs challenged statute remarkably little laudable goal least respect washington apples grades statute already noted permits marketing closed containers apples grades result hardly thought eliminate problems deception confusion created multiplicity differing state grades indeed magnifies depriving purchasers information concerning quality contents closed apple containers moreover although statute ostensibly consumer protection measure directs primary efforts consuming public large apple wholesalers brokers principal purchasers closed containers apples individuals presumably knowledgeable individuals area since statute nothing purify flow information retail level little protect consumers problems designed eliminate finally note potential confusion deception created washington grades type led statute enactment since washington grades cases equal superior usda counterparts deceive confuse consumer benefit hardly harmful result addition appears nondiscriminatory alternatives outright ban washington state grades readily available example north carolina effectuate goal permitting growers utilize state grades also marked shipments applicable usda label case usda grade serve benchmark consumer evaluate quality various state grades alternative reason inadequate eradicate problems caused state grades inferior adopted usda north carolina might consider banning state grades unlike washington demonstrated equal superior corresponding usda categories concededly even latter instance potential confusion might persist however type confusion national interest free flow goods demands tolerated judgment district affirmed footnotes district courts shall original jurisdiction civil actions wherein matter controversy exceeds sum value exclusive interest costs north carolina regulation amended provides pertinent part apple containers must show applicable grade principal display panel marked unclassified graded grade determined state grades shall shown rules regulations definitions standards north carolina department agriculture washington law commission corporation specifically granted power sue sued rev code regard adopted ruling single district judge previously denied appellants motion dismiss complaint brought grounds app judge found unnecessary determine whether jurisdiction also proper view determination jurisdiction established app alternative ground holding district found statute constituted undue burden commerce even neutral nondiscriminatory impact pike bruce church commission spent excess advertising washington apples north carolina market addition apples worth approximately percent amount transshipped north carolina direct shipment apple brokers wholesalers located indeed district specifically indicated findings fact showing washington state grades caused confusion north carolina market conclusion regard necessarily rejects north carolina suggestion burdens commerce imposed statute justified ground standardization required statute serves national interest achieving uniformity grading labeling foodstuffs