Legal Opinion

United States v. Two Plastic Drums, More or Less of an Article of Food, Labeled in Part: Viponte Ltd. Black Currant Oil Batch No. BOOSF 039

District Court, C.D. Illinois

Decided November 27, 1991No. 88-CV-2398PublishedCited by 2 opinions

1Opinion of the Court

ORDER ON TRACO’S MOTION FOR SUMMARY JUDGMENT

BAKER, District Judge.

This is an in rem seizure action under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-394 (1972 & Supp.) (the “Act”). The plaintiff, the United States of America, through the Food and Drug Administration, seeks to condemn and destroy two drums of black currant oil (“BCO”). BCO is extracted from the seeds of the black currant berry and is marketed as a dietary supplement. 1 Its proponents claim that it provides health benefits because of its unique fatty-acid structures. The claimant, Traco Labs, Inc., asserts that…

2Cases cited8 opinions

  1. National Nutritional Foods Ass'n v. MathewsCourt of Appeals for the Second Circuit · 1977
  2. National Nutritional Foods Ass'n v. KennedyCourt of Appeals for the Second Circuit · 1978
  3. Nutrilab, Inc. v. SchweikerCourt of Appeals for the Seventh Circuit · 1983
  4. United States v. An Article of Food, Etc., Foodscience Laboratories, Inc., Claimant-Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1982
  5. United States v. Art. of Food Consist. of 10 Drums, Etc.District Court, E.D. Missouri · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. United States v. Two Plastic Drums, More or Less of An Article of FoodCourt of Appeals for the Seventh Circuit · 1993
  2. United States v. Two Plastic Drums, More Or Less Of An Article Of Food, Labeled In Part: Viponte Ltd. Black Currant Oil Batch No. Boosf 039Court of Appeals for the Seventh Circuit · 1993

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