The U.S. Supreme Court case Switzerland Cheese Association, Inc., et al. v. E. Horne's Market, Inc., 1966 revolved around a dispute over the use of the term "Swiss cheese". The Switzerland Cheese Association claimed that E. Horne's Market was falsely advertising its product as Swiss cheese when it did not meet their standards for what constitutes Swiss cheese - specifically, they argued that true Swiss cheese must be imported from Switzerland and made in a particular way to earn this label. E.Horne’s Market countered by arguing that 'Swiss' had become a generic term in America for any type of pale yellow cheese with large holes and didn't necessarily have to originate from Switzerland or follow specific production methods. The court ruled in favor of E.Horne’s market stating there were no legal grounds on which to restrict the use of 'Swiss' solely to cheeses imported from Switzerland or produced using certain methods.

In the dissenting opinion for Switzerland Cheese Association, Inc., et al. v. E. Horne's Market, Inc., Justice Black argued that the majority had overstepped its bounds by interpreting federal law to allow a private party to sue another for damages under a statute where Congress did not explicitly provide such remedy. He contended that this interpretation was an unwarranted expansion of judicial power and could potentially lead to misuse or abuse of authority in future cases. Furthermore, he expressed concern about the potential implications on businesses who may unknowingly violate complex regulatory laws and then face substantial financial penalties as a result of private lawsuits rather than government enforcement actions.