416.415. Selling or advertising milk at less than cost prohibited--evidence. - Missouri Statutes

Selling or advertising milk at less than cost prohibited--evidence.

416.415. 1. No processor or distributor shall, with theintent or with the effect of unfairly diverting trade from acompetitor, or of otherwise injuring a competitor, or ofdestroying competition, or of creating a monopoly, advertise,offer to sell or sell within the state of Missouri, at wholesaleor retail, any milk product for less than cost to the processoror distributor.

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

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

(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.