COTT BEVERAGE CORP. v. HORST


380 Pa. 113 (1955)

Cott Beverage Corporation v. Horst, Appellant.

Supreme Court of Pennsylvania.

January 3, 1955.


Attorney(s) appearing for the Case

Samuel M. Jackson, Deputy Attorney General, with him Robert H. Maurer, Deputy Attorney General, and Frank F. Truscott, Attorney General, for appellants.

Charles E. DeLong, with him Henry A. Frye and Moffett, Frye & Leopold, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, January 3, 1955:

Questioned here are the applicability of certain statutes of the Commonwealth to the article in controversy and their constitutionality if so applied.

The article in controversy is Sucaryl, which is a synthetic, non-nutritive, non-caloric, artificial sweetening agent recommended by physicians in the treatment of obesity and diabetes, but purchasable in any...

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