United States v. Forty Barrels and Twenty Kegs of Coca-Cola
Encyclopedia
United States v. Forty Barrels and Twenty Kegs of Coca-Cola, , was a federal suit under which the government unsuccessfully attempted to force the Coca-Cola company to remove caffeine from its product.
, hoping to force The Coca-Cola Company
to remove caffeine
from its formula
by asserting that the product was adulterated and misbranded.
'Adulterated' The allegation of adulteration was, in substance, that the product contained an added poisonous or added deleterious ingredient: caffeine, which might render the product injurious to health.
'Misbranded' It was alleged to be misbranded in that the name "Coca Cola" was a representation of the presence of coca
and cola
but that the product "contained no coca and little if any cola" and thus was an "imitation" of these substances and was offered for sale under their "distinctive name."
s and Twenty Keg
s of Coca-Cola") as defendant
, is an instance of jurisdiction in rem
(jurisdiction against a thing). Rather than directly naming The Coca-Cola Company as defendant, the food itself was the subject of the case, with the company only indirectly subject.
, states that the intent of the word "added" in the context of the Act did not exclude the ingredients of a formula "sold under some fanciful name which would be distinctive" if any were found deleterious and was included to protect natural foodstuffs from prosecution because of constituent poisons rendered inert in their natural state (such as fusel oil in liquor); furthermore, it states that the introduction of caffeine in the later stages of syrup production made it an "added ingredient" in any sense of the term and the removal of harmful ingredients, even if vital to the identity of the product, did not constitute adulteration.
'Misbranded' Of the misbranding charge, the Court held neither had the government proved that "coca cola" was a descriptive name nor had the Coca-Cola Company proved it was not; making both of these assertions irrelevant; thus the Court found that the issue of whether the product contained any coca or cola had not been settled.
Details The case was returned to the lower court for retrial to determine the remaining, factual matters; Justice McReynolds
abstained.
in 1912 to amend the Pure Food and Drug Act
, adding caffeine to the list of "habit-forming" and "deleterious" substances, which must be listed on a product's label.
Claim
On March 13, 1911, the government initiated the case under the 1906 Pure Food and Drug ActPure Food and Drug Act
The Pure Food and Drug Act of June 30, 1906, is a United States federal law that provided federal inspection of meat products and forbade the manufacture, sale, or transportation of adulterated food products and poisonous patent medicines...
, hoping to force The Coca-Cola Company
The Coca-Cola Company
The Coca-Cola Company is an American multinational beverage corporation and manufacturer, retailer and marketer of non-alcoholic beverage concentrates and syrups. The company is best known for its flagship product Coca-Cola, invented in 1886 by pharmacist John Stith Pemberton in Columbus, Georgia...
to remove caffeine
Caffeine
Caffeine is a bitter, white crystalline xanthine alkaloid that acts as a stimulant drug. Caffeine is found in varying quantities in the seeds, leaves, and fruit of some plants, where it acts as a natural pesticide that paralyzes and kills certain insects feeding on the plants...
from its formula
Coca-Cola
Coca-Cola is a carbonated soft drink sold in stores, restaurants, and vending machines in more than 200 countries. It is produced by The Coca-Cola Company of Atlanta, Georgia, and is often referred to simply as Coke...
by asserting that the product was adulterated and misbranded.
'Adulterated' The allegation of adulteration was, in substance, that the product contained an added poisonous or added deleterious ingredient: caffeine, which might render the product injurious to health.
'Misbranded' It was alleged to be misbranded in that the name "Coca Cola" was a representation of the presence of coca
Coca
Coca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
and cola
Kola nut
Kola Nut is the nut of the kola tree, a genus of trees native to the tropical rainforests of Africa, classified in the family Malvaceae, subfamily Sterculioideae . It is related to the South American genus Theobroma, or cocoa...
but that the product "contained no coca and little if any cola" and thus was an "imitation" of these substances and was offered for sale under their "distinctive name."
Title
The case title, naming an object ("Forty BarrelBarrel
A barrel or cask is a hollow cylindrical container, traditionally made of vertical wooden staves and bound by wooden or metal hoops. Traditionally, the barrel was a standard size of measure referring to a set capacity or weight of a given commodity. A small barrel is called a keg.For example, a...
s and Twenty Keg
Keg
A keg is a small barrel.Traditionally, a wooden keg is made by a cooper used to transport items such as nails, gunpowder., and a variety of liquids....
s of Coca-Cola") as defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, is an instance of jurisdiction in rem
Jurisdiction in rem
In rem is a legal term describing the power a court may exercise over property or a "status" against a person over whom the court does not have "in personam jurisdiction"...
(jurisdiction against a thing). Rather than directly naming The Coca-Cola Company as defendant, the food itself was the subject of the case, with the company only indirectly subject.
Decision
'Adulterated' The decision, delivered by Justice HughesCharles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
, states that the intent of the word "added" in the context of the Act did not exclude the ingredients of a formula "sold under some fanciful name which would be distinctive" if any were found deleterious and was included to protect natural foodstuffs from prosecution because of constituent poisons rendered inert in their natural state (such as fusel oil in liquor); furthermore, it states that the introduction of caffeine in the later stages of syrup production made it an "added ingredient" in any sense of the term and the removal of harmful ingredients, even if vital to the identity of the product, did not constitute adulteration.
'Misbranded' Of the misbranding charge, the Court held neither had the government proved that "coca cola" was a descriptive name nor had the Coca-Cola Company proved it was not; making both of these assertions irrelevant; thus the Court found that the issue of whether the product contained any coca or cola had not been settled.
Details The case was returned to the lower court for retrial to determine the remaining, factual matters; Justice McReynolds
James Clark McReynolds
James Clark McReynolds was an American lawyer and judge who served as United States Attorney General under President Woodrow Wilson and as an Associate Justice of the United States Supreme Court...
abstained.
Effect
Although the Supreme Court ruled in favor of Coca-Cola, two bills were introduced to the U.S. House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 1912 to amend the Pure Food and Drug Act
Pure Food and Drug Act
The Pure Food and Drug Act of June 30, 1906, is a United States federal law that provided federal inspection of meat products and forbade the manufacture, sale, or transportation of adulterated food products and poisonous patent medicines...
, adding caffeine to the list of "habit-forming" and "deleterious" substances, which must be listed on a product's label.
External links
- Full text opinion from Findlaw.com
- "Pop psychology: The man who saved Coca-Cola", by Ludy T. Benjamin, Monitor on Psychology, February 2009, Vol 40, No. 2, p. 18