Christensen

Christensen v. Superior Court

Good Law
108 Cal. Rptr. 459·1973 Cal. App. LEXIS 1015·32 Cal. App. 3d 749
Court of Appeal of CaliforniaJune 4, 1973Civ. No. 41779California1,967 words

Opinion

Lead Opinion

Roth, J.

The Rath Packing Company, a corporation (Rath) pursuant to laws of the United States and specifically Wholesome Meat Act of 1967, 21 United States Code, section 601 et seq. (U.S. Law) processes, packages, weighs and labels meat products including bacon at its plant in a state other than California and markets the same to retailers throughout the United States, including retailers in Southern California.

The respective district attorneys of Riverside and Los Angeles Counties *751 joined by the respective directors of weights and measures 1 acting in each county, filed separate actions in each county in which they were later joined by C. B. Christensen, Director of Agriculture of the State of California (Christensen) as intervener, wherein they sought to prevent Rath from selling to retailers in the counties involved packages of bacon labeled and advertised as containing one pound for the reason that the actual weight of the bacon in the package was less than the labeled and advertised one pound.

The Riverside action authorized by section 3369, subdivision 5 of the Civil Code, charged a violation of sections 17535, 17536 of the Business and Professions Code. The Los…

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