The state law punishing the fraudulent labeling of products not in conformity with the Jewish law as “Kosher” was held constitutional by the U.S. District Court. In the decision, which was rendered by Judge Manton, the suit of a group of provision merchants to have the law declared invalid was dismissed.
The provision dealers who fought the “Kosher Act” contended that the Jewish religious authorities differ among themselves as to the precise meaning of the term “Kosher” and that it is therefore so speculative as to be incapable of practical application. Furthermore, they contended, the whole legislation was an illegal interference by the State in Interstate Commerce.
Judge Manton pointed out in denying the suit that the complainants themselves admit that they have built up a large business in the sale of food products as “Kosher” and that they therefore must have found the standards sufficiently definite to be followed in practice. As to the contention that the “Kosher” law is an illegal interference with Interstate Commerce, the court held that a state police regulation is not unconstitutional simply because it may indirectly affect interstate commerce.
The state, which defended the constitutionality of the “Kosher” Act was represented by Deputy Attorney General Samuel H. Hofstadter.
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The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
