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4. In this suit, the court should hold the statute to be

Because the fabric mill wishes to continue to have its fabric tested solely by the competing testing company, the fabric mill files an action in its state court challenging the constitutionality of the statute as applied to its circumstances.

For many years, a fabric mill, located in the state has had its fabrics tested for flame retardancy by a competing testing company, located in a different state. The competitor is a reliable organization that uses a process for testing and approving fabrics for flame retardancy identical in all respects to that used by the Zetest Testing Company.

After several well-publicized deaths caused by fires in products made from highly flammable fabrics, a state enacted a statute prohibiting «the manufacture or assembly of any product in this state which contains any fabric that has not been tested and approved for flame retardancy by the Zetest Testing Company.» The Zetest Testing Company is a privately owned and operated business located in the state.