United States v. Wiesenfeld Warehouse Co.

SIMPSON, District Judge.

This cause was taken under advisement on October 19, 1962, on defendant’s motion to dismiss made in open court. The plaintiff and defendant now having filed briefs, it appears that said motion should be granted.

21 U.S.C. § 331 (k) prohibits the specific acts of alteration, mutilation, destruction, obliteration or removal of the labeling of, a food, drug, device or cosmetic. This enumeration of specific acts is followed by the general term, “or the doing of any other act.” The information alleges that adulteration was caused by the defendant’s act of holding certain…