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LEWIS FOOD CO. v. STATE DEPT. OF PUBLIC HEALTH

Docket No. 18759.

110 Cal.App.2d 759 (1952)

243 P.2d 802

LEWIS FOOD COMPANY (a Corporation), Appellant, v. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, Respondent.

Court of Appeals of California, Second District, Division One.

May 6, 1952.

Attorney(s) appearing for the Case

William H. Wilson for Appellant.

Edmund G. Brown, Attorney General, and Bayard Rhone, Deputy Attorney General, for Respondent.

DRAPEAU, J.

In 1949 the California Legislature added new sections to the Health and Safety Code regulating the sale of horse meat. Section 28007 so enacted, in part provides that labels on canned horse meat for dog food may not use the following terms: "Packed in gravy." Packed with gravy." "Horse meat loaf." "Horse meat stew."

Plaintiff brought this action in declaratory relief and for injunction, restraining the Department of Public Health of the State of...

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