Filled milk
Encyclopedia
Filled milk is skim milk
that has been reconstituted with fat
s, usually vegetable oils, from sources other than dairy cows and only exists as evaporated milk
. Like pure evaporated milk, filled milk is generally considered unsuitable for drinking because of its particular flavor, but is equivalent to evaporated milk for baking and cooking purposes. Other filled milk products with substituted fat are used to make ice cream
, sour cream
, whipping cream, and half-and-half substitutes among other dairy products. Coconut oil filled milk became a popular cost-saving product sold throughout the United States in the early 20th century. Coconut oil
could be cheaply imported, primarily from the Philippines (at the time under American rule
), and this product was able to undercut the market for evaporated
and condensed milk
. At the time, liquid milk was not widely available or very popular because of the rarity of refrigeration and the problems of transportation and storage.
banned the interstate sale of filled milk "in imitation or semblance of milk, cream, or skimmed milk" via the "Filled Milk Act" of March 4, 1923 (c. 262, 42 Stat. 1486, , in response to intense lobbying by the dairy industry, attempting to protect its market against competition by cheaper foreign fat. Many states also passed bans or restrictions on the sale and production of filled milk products. The issue of filled milk came to the forefront in United States v. Carolene Products Co.
wherein Carolene Products Co. was indicted in the United States District Court for the Southern District of Illinois
for violation of the Act by the shipment in interstate commerce of certain packages of "Milnut," a compound of condensed skimmed milk and coconut oil made in imitation or semblance of condensed milk or cream. The indictment stated, in the words of the statute, that Milnut "is an adulterated article of food, injurious to the public health," and that it is not a prepared food product of the type excepted from the prohibition of the Act.
Subsequently, most states have eliminated restrictions on filled milk and several states have gone against the Supreme Court and struck down restrictions on filled milk. Even the United States District Court for the Southern District of Illinois
that originally ruled that a rational basis supported the Filled Milk Act reversed their decision in Milnot Co. v. Richardson, 350 F.Supp. 221 (S.D. Ill. 1972). Further, the United States Department of Agriculture
has broadly refused to consider filled milk products to be "in imitation of semblance of milk" and therefore has declined to see them as within the statute. The Milnot Company, which still exists, in this case was a descendant of the original Carolene Products Company discussed above. Currently, filled milk continues to be widely available in supermarkets in the United States as "Milnot", a brand now owned by Smucker's
.
Milk
Milk is a white liquid produced by the mammary glands of mammals. It is the primary source of nutrition for young mammals before they are able to digest other types of food. Early-lactation milk contains colostrum, which carries the mother's antibodies to the baby and can reduce the risk of many...
that has been reconstituted with fat
Fat
Fats consist of a wide group of compounds that are generally soluble in organic solvents and generally insoluble in water. Chemically, fats are triglycerides, triesters of glycerol and any of several fatty acids. Fats may be either solid or liquid at room temperature, depending on their structure...
s, usually vegetable oils, from sources other than dairy cows and only exists as evaporated milk
Evaporated milk
Evaporated milk, also known as dehydrated milk, is a shelf-stable canned milk product with about 60% of the water removed from fresh milk. It differs from sweetened condensed milk, which contains added sugar. Sweetened condensed milk requires less processing since the added sugar inhibits ...
. Like pure evaporated milk, filled milk is generally considered unsuitable for drinking because of its particular flavor, but is equivalent to evaporated milk for baking and cooking purposes. Other filled milk products with substituted fat are used to make ice cream
Ice cream
Ice cream is a frozen dessert usually made from dairy products, such as milk and cream, and often combined with fruits or other ingredients and flavours. Most varieties contain sugar, although some are made with other sweeteners...
, sour cream
Sour cream
Sour cream is a dairy product rich in fats obtained by fermenting a regular cream by certain kinds of lactic acid bacteria. The bacterial culture, which is introduced either deliberately or naturally, sours and thickens the cream. Its name stems from the production of lactic acid by bacterial...
, whipping cream, and half-and-half substitutes among other dairy products. Coconut oil filled milk became a popular cost-saving product sold throughout the United States in the early 20th century. Coconut oil
Coconut oil
Coconut oil is an edible oil extracted from the kernel or meat of matured coconuts harvested from the coconut palm . Throughout the tropical world, it has provided the primary source of fat in the diets of millions of people for generations. It has various applications in food, medicine, and industry...
could be cheaply imported, primarily from the Philippines (at the time under American rule
Commonwealth of the Philippines
The Commonwealth of the Philippines was a designation of the Philippines from 1935 to 1946 when the country was a commonwealth of the United States. The Commonwealth was created by the Tydings-McDuffie Act, which was passed by the U.S. Congress in 1934. When Manuel L...
), and this product was able to undercut the market for evaporated
Evaporated milk
Evaporated milk, also known as dehydrated milk, is a shelf-stable canned milk product with about 60% of the water removed from fresh milk. It differs from sweetened condensed milk, which contains added sugar. Sweetened condensed milk requires less processing since the added sugar inhibits ...
and condensed milk
Condensed milk
Condensed milk, also known as sweetened condensed milk, is cow's milk from which water has been removed and to which sugar has been added, yielding a very thick, sweet product which when canned can last for years without refrigeration if unopened. The two terms, condensed milk and sweetened...
. At the time, liquid milk was not widely available or very popular because of the rarity of refrigeration and the problems of transportation and storage.
History and importance in American law
In 1923, the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
banned the interstate sale of filled milk "in imitation or semblance of milk, cream, or skimmed milk" via the "Filled Milk Act" of March 4, 1923 (c. 262, 42 Stat. 1486, , in response to intense lobbying by the dairy industry, attempting to protect its market against competition by cheaper foreign fat. Many states also passed bans or restrictions on the sale and production of filled milk products. The issue of filled milk came to the forefront in United States v. Carolene Products Co.
United States v. Carolene Products Co.
United States v. Carolene Products Company, 304 U.S. 144 , was an April 25, 1938 decision by the United States Supreme Court. The case dealt with a federal law that prohibited filled milk from being shipped in interstate commerce...
wherein Carolene Products Co. was indicted in the United States District Court for the Southern District of Illinois
United States District Court for the Southern District of Illinois
The United States District Court for the Southern District of Illinois is a Federal district court covering approximately the southern half of the state of Illinois....
for violation of the Act by the shipment in interstate commerce of certain packages of "Milnut," a compound of condensed skimmed milk and coconut oil made in imitation or semblance of condensed milk or cream. The indictment stated, in the words of the statute, that Milnut "is an adulterated article of food, injurious to the public health," and that it is not a prepared food product of the type excepted from the prohibition of the Act.
Subsequently, most states have eliminated restrictions on filled milk and several states have gone against the Supreme Court and struck down restrictions on filled milk. Even the United States District Court for the Southern District of Illinois
United States District Court for the Southern District of Illinois
The United States District Court for the Southern District of Illinois is a Federal district court covering approximately the southern half of the state of Illinois....
that originally ruled that a rational basis supported the Filled Milk Act reversed their decision in Milnot Co. v. Richardson, 350 F.Supp. 221 (S.D. Ill. 1972). Further, the United States Department of Agriculture
United States Department of Agriculture
The United States Department of Agriculture is the United States federal executive department responsible for developing and executing U.S. federal government policy on farming, agriculture, and food...
has broadly refused to consider filled milk products to be "in imitation of semblance of milk" and therefore has declined to see them as within the statute. The Milnot Company, which still exists, in this case was a descendant of the original Carolene Products Company discussed above. Currently, filled milk continues to be widely available in supermarkets in the United States as "Milnot", a brand now owned by Smucker's
The J.M. Smucker Co.
The J. M. Smucker Company is a manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter and other products in North America. Smucker's headquarters are located in Orrville, Ohio.- History :...
.
External links
- The Filled Milk Act
- Milnot
- Litchfield Creamery Company, Historical Society of Montgomery County Illinois