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CAREY v. INSTANTWHIP SCHENECTADY, INC.

14 A.D.2d 467 (1961)

Daniel J. Carey, as Commissioner of Agriculture and Markets of The State of New York, Appellant, v. Instantwhip Schenectady, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1961

Plaintiff as Commissioner of Agriculture and Markets sues defendants for an injunction to prevent their selling Instantwhip Topping on the principal ground that the product is an imitation of instant whipped cream in violation of section 68-a of the Agriculture and Markets Law which insofar as here pertinent prohibits the sale of a product "in the semblance of or in imitation of" instant whipped cream, which product is made by adding nondairy fat or oil to be mixed or blended...

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