Natural Milk Producers Ass'n v. City & County of San Francisco

The above entitled cause was heard and determined by a decision of this court on April 2, 1942 (Natural Milk etc. Assn. v. City etc. of San Francisco, 20 Cal.2d 101 [ 124 P.2d 25 ]), in which decision the judgment of the trial court was affirmed. Thereafter plaintiffs appealed to the Supreme Court of the United States. That court made the following order: “In this case appellants contend that the San Francisco Milk Ordinance violates the Fourteenth Amendment because it requires non-pasteurized raw milk sold in San Francisco to be certified by, and to conform to standards prescribed by, the Milk Commission of the San Francisco Medical Society, instead of by a public board or officer, while at the same time prohibiting the sale of all other non-pasteurized milk, including ‘guaranteed raw milk’ which appellants allege is the same as certified raw milk. Subsequent to the trial of the case, the Milk Commission of the San Francisco Medical Society determined that non-pasteurized milk could not be certified by it as free from harmful bacteria, and promulgated an order accordingly, effective January 15, 1939. This fact, which apparently was not called to the "attention of the Supreme…

Dissenting. I was not in agreement with the conclusions stated by my associates in the opinion upon which the former decision was based ( 20 Cal.2d 101 [ 124 P.2d 25 ]) and do not join in the present determination of the case.