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FLEMMING v. FLORIDA CITRUS EXCH.

No. 27.

358 U.S. 153 (1958)

FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. FLORIDA CITRUS EXCHANGE ET AL.

Supreme Court of United States.

Decided December 15, 1958.

Attorney(s) appearing for the Case

William W. Goodrich argued the cause for petitioner. With him on the brief were Solicitor General Rankin, Assistant Attorney General Anderson and Beatrice Rosenberg.

J. Hardin Peterson argued the cause and filed a brief for the Florida Citrus Exchange et al., respondents.

J. Lewis Hall argued the cause for Schell, respondent. With him on the brief was Morris E. White.

Richard W. Ervin, Attorney General, filed a brief for the State of Florida, as amicus curiae, urging affirmance.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Commercially grown Florida and Texas oranges have for many years been colored with a red coal-tar color. In 1939 the Food and Drug Administration, after testing and pursuant to § 406 (b) of the Federal Food, Drug, and Cosmetic Act,1 certified this color, FD&C Red No. 32 (hereafter Red 32), to be harmless and suitable for use in food...

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