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Title XXVI TRADE AND COMMERCE

Chapter 416

previous next Effective - 28 Aug 1959bottom

  416.415.  Selling or advertising milk at less than cost prohibited — evidence. — 1.  No processor or distributor shall, with the intent or with the effect of unfairly diverting trade from a competitor, or of otherwise injuring a competitor, or of destroying competition, or of creating a monopoly, advertise, offer to sell or sell within the state of Missouri, at wholesale or retail, any milk product for less than cost to the processor or distributor.

  2.  Proof of the advertising, offer to sell or sale of milk products by a processor or distributor for less than cost to the processor or distributor is prima facie evidence of a violation of this section.

  3.  A profit from the sale of products other than milk products is not used in cost computation to subsidize or lower the cost of doing business with respect to milk products.

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(L. 1959 H.B. 255 § 2)

(1962) Missouri unfair milk sales practices law held valid as against attacks on the ground that it denied certain persons due process of law and violated the equal rights provision of the state and federal constitutions. Borden Company v. Thomason (Mo.), 353 S.W.2d 735.

(1968) Evidence supported finding that sale of milk below cost by defendant damaged plaintiff and was in violation of this section. Plaintiff entitled to treble damages for economic loss suffered as a result of violation. Dean Foods Company v. Albrecht Dairy Company (A.), 396 F.2d 652.


---- end of effective   28 Aug 1959 ----

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