Smedleys Ltd v. Breed effectively disposes of Section 3 (3), Food and Drugs Act, 1955 as a defence in law in what nowadays constitutes the commonest source of all food prosecutions, viz., foreign matter in food. Their Lord‐ships' judgment is indeed a brilliant exposition of the law on the subject, but the result of their dismissal of the appeal can only be seen, as one of their number stated, that local authorities and magistrates for all practical purposes can ignore the subsection, and from the numerous reports of legal proceedings, this is what they have been doing for many years. It was resurrected in a case, similar in circumstance to that in Smedleys, a couple of years ago, in respect of a snail in black currant jam, in which the snail and black currants were identical in size and appearance.
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