AERATED PRODUCTS CO. v. DEPARTMENT OF HEALTH

No. C-1645.

59 F.Supp. 652 (1945)

AERATED PRODUCTS CO. OF PHILADELPHIA, PA., v. DEPARTMENT OF HEALTH OF STATE OF NEW JERSEY et al.

District Court, D. New Jersey.

March 15, 1945.


Attorney(s) appearing for the Case

Lum, Fairlie & Wachenfeld by Charles S. Barrett, Jr., all of Newark, N. J., for plaintiff.

Walter D. Van Riper, Atty. Gen. of New Jersey, Joseph A. Murphy, Asst. Deputy Atty. Gen., for defendants.


FORMAN, District Judge.

Plaintiff, a corporation of the State of Pennsylvania, is licensed to distribute and sell a product known under the trade-mark or trade name of "Instantwhip". The product or "Mix", as it is sometimes called, consists of the following ingredients: Milk or cream of a certain butterfat content, suger and vanilla. This combination is placed in a specially constructed pint container and seven grams of nitrous oxide gas are inserted in the overhead...

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