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[FALSE SCIENCE] American Fruit Growers v. Brogdex Co. (283 U.S. 1, 1931 Mar 02)


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[FALSE SCIENCE] {1} Addition of borax to the rind of natural fruit does not produce from the raw material an article for use which possesses a new or distinctive form, quality, or property. The added substance only protects the natural article against deterioration by inhibiting development of extraneous spores upon the rind. There is no change in the name, appearance, or general character of the fruit. It remains a fresh orange, fit only for the same beneficial uses as theretofore.

[FALSE SCIENCE] It is now known that the skins of many fruits and vegetables can have medical/nutritional benefits as do the materials inside the skins. Thus changing the properties of the skins can change the character of the fruit (that is, presence of spores on the skin could deplete the nutritional value of the skin), so that the assumption on which this decision rests no longer has any basis in science or engineering, and no longer should be a precedent for any decision.


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