People v. Rath Packing Co.

This is an action by the government to enjoin a national meat processor from selling allegedly short-weight packages of bacon at the retail level. From a summary judgment granting the injunction, the packing company appeals.

We hold the court erred in deciding the case summarily. Factual issues exist which can be resolved only by a trial on the merits.

Background Of The Litigation

In February 1972, the County of Riverside (“People” or “County”) brought suit in the Riverside superior court to enjoin the Rath Packing Company (“Rath”) from engaging in “short-weighting” marketing practices. The gist of the complaint was that Rath was selling packages of bacon to retailers which weighed less than the labeled weight at the time of sale to consumers. In addition to injunctive relief, the People sought civil penalties for false advertising (Bus. & Prof. Code, § 17500) and unfair competition (Civ. Code, § 3369).

Rath answered and denied the allegations of short-weighting. It also claimed that the field of meat processing, including the packaging and weighing of meats, had been subject to federal preemption.

Rath also filed a cross-complaint for declaratory relief contending…