Filled milk is any milk, cream, or skim

milk Milk is a white liquid food produced by the mammary glands of lactating mammals. It is the primary source of nutrition for young mammals (including breastfeeding, breastfed human infants) before they are able to digestion, digest solid food. ...

that has been reconstituted with

fat In nutrition science, nutrition, biology, and chemistry, fat usually means any ester of fatty acids, or a mixture of such chemical compound, compounds, most commonly those that occur in living beings or in food. The term often refers specif ...

s, usually

vegetable oils Vegetable oils, or vegetable fats, are oils extracted from seeds or from other parts of edible plants. Like animal fats, vegetable fats are ''mixtures'' of triglycerides. Soybean oil, grape seed oil, and cocoa butter are examples of seed ...

, from sources other than

dairy cow Dairy cattle (also called dairy cows) are cattle bred with the ability to produce large quantities of milk, from which dairy products are made. Dairy cattle generally are of the species ''Bos taurus''. Historically, little distinction was m ...

s.(c) Pure evaporated filled milk is generally considered unsuitable for drinking because of its particular flavor, but is equivalent to unadulterated evaporated milk for baking and cooking purposes. Other filled milk products with substituted fat are used to make

ice cream Ice cream is a frozen dessert typically made from milk or cream that has been flavoured with a sweetener, either sugar or an alternative, and a spice, such as Chocolate, cocoa or vanilla, or with fruit, such as strawberries or peaches. Food ...

sour cream Sour cream (sometimes known as soured cream in British English) is a dairy product obtained by fermenting regular cream with certain kinds of lactic acid bacteria. The bacterial culture, which is introduced either deliberately or naturall ...

, 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 (or coconut fat) is an edible oil derived from the kernels, meat, and milk of the coconut palm fruit. Coconut oil is a white solid fat below around , and a clear thin liquid oil at higher temperatures. Unrefined varieties have a disti ...

could be cheaply imported, primarily from the

Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...

(at the time under American rule), and this product was able to undercut the market for evaporated and

condensed milk Condensed milk is Milk#Cow, cow's milk from which water has been removed (roughly 60% of it). It is most often found with sugar added, in the form of sweetened condensed milk, to the extent that the terms "condensed milk" and "sweetened condensed m ...

. At the time, liquid milk was not widely available or very popular in cities because of the rarity of refrigeration and the problems of transportation and storage.

History and importance in American law

In 1923, the

United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...

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 The United States Department of Agriculture (USDA) is an executive department of the United States federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and producti ...

has broadly refused to consider filled milk products to be "in imitation or 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. Currently, filled milk continues to be widely available in supermarkets in the United States as "Milnot", a brand now owned by Eagle Brand, which is owned by private equity firm Kelso & Company

References

External links

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Milnot
* {{Milk navbox Dairy products The J.M. Smucker Co. brands Milk