Natural Milk Producers Assn. v. San Francisco, 317 U.S. 423 (1943)

U.S. Supreme Court

Natural Milk Producers Assn. v. San Francisco, 317 U.S. 423 (1943) Natural Milk Producers Assn. v. San Francisco

No. 385

Argued December 16, 17, 1942

Decided January 11, 1943

317 U.S. 423

APPEAL FROM THE SUPREME COURT OF CALIFORNIA

Syllabus

Where a federal question sought to be reviewed on certiorari becomes moot by reason of a change in the factual situation, which occurred after the trial and which was not noticed by the court below, the proper practice is to vacate the judgment, without costs to either party in this Court, and remand the cause to the court below for such further proceedings a it may deem proper. P. 317 U. S. 424.

20 Cal. 2d 101, 124 P.2d 25, vacated and remanded.

PER CURIAM.

In this case, appellants contend that the San Francisco Milk Ordinance violates the Fourteenth Amendment because it requires nonpasteurized 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 nonpasteurized 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 nonpasteurized 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 Court of California, renders moot the federal questions

Page 317 U. S. 424

raised by appellants, since all milk sold in San Francisco, not certified by the Milk Commission of the Medical Society, is required by the ordinance to be pasteurized, and since appellants do not, by this suit, challenge the validity under the Fourteenth Amendment of the pasteurization requirement. In order that the state court may make proper disposition of the case in the light of the fact that the federal questions cannot be decided here, we vacate the judgment, without costs to either party in this Court, and remand the cause to the Supreme Court of California for such further proceedings as it may deem appropriate. Florida v. Knott, 308 U.S. 507; Washington ex rel. Columbia Broadcasting Co. v. Superior Court, 310 U.S. 613; Missouri ex rel. Wabash Ry. Co. v. Public Serv. Comm'n, 273 U. S. 126.

So ordered.