## Facts

- New York adopted a temporary milk-price control program addressing an economic emergency in the milk industry.
- The program set minimum milk prices in New York City and included a “differential” tied to branding and advertising.
- Dealers with a “well advertised trade name” (including Borden’s Farm Products Co., Inc.) were required to charge a higher minimum price.
- Dealers without a well-advertised trade name could sell bottled milk to stores at up to one cent per quart less than advertised dealers’ minimum price, and stores could resell those unadvertised brands at one cent less.
- The legislature adopted the differential against the background that, before regulation, smaller or unadvertised dealers typically competed by slightly underselling well-advertised competitors to offset the latter’s advertising advantage.
- Borden sought to enjoin enforcement, alleging the differential was arbitrary discrimination violating the Fourteenth Amendment’s Equal Protection Clause and would cause irreparable business loss.
- After evidence was taken on remand, the trial court dismissed the claim on the merits, and Borden appealed.

## Issues

1. Whether a state milk-price control scheme violates the Equal Protection Clause by requiring higher minimum prices for dealers with well-advertised trade names while permitting a one-cent lower price for unadvertised dealers.
2. Whether the complaining dealer must show substantial, concrete harm from the differential as applied to establish unconstitutional discrimination.

## Decision

- The Supreme Court affirmed the dismissal of Borden’s suit.
- The Court held the classification between advertised and unadvertised dealers had a reasonable basis within a temporary, experimental price-control program.
- The Court found Borden failed to prove that the differential, in practice, diverted trade to unadvertised dealers at Borden’s expense or caused substantial loss.
- Because the record did not show arbitrary operation or substantial injury, the differential did not violate equal protection.

## Legal Principles

- Economic regulation is consistent with equal protection if the legislative classification has a reasonable basis related to a legitimate public purpose.
- In temporary emergency programs, legislatures receive broad latitude to structure market regulations, including modest differentials designed to preserve existing competitive conditions.
- A challenger alleging unconstitutional discrimination must do more than claim theoretical unfairness; it must show that the classification, as applied, produces substantial and unjustified injury.

## Conclusion

The Court upheld New York’s one-cent milk price differential for unadvertised brands as a rational legislative measure within a temporary milk-market stabilization program, especially where the complaining advertised dealer did not prove substantial harm from the differential’s actual operation.


Borden's Farm Prods. Co. v. Ten Eyck, 297 U.S. 251 (1936)