Legal Opinion

United States v. Anderson Seafoods, Inc., Anderson Seafoods, Inc. v. Patricia Roberts Harris, Secretary of Health and Human Services

Court of Appeals for the Fifth Circuit

Decided July 24, 1980No. 78-1962PublishedCited by 8 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

This appeal poses the question whether mercury in the tissues of swordfish is an “added substance” within the meaning of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 342(a)(1) (1975) (FDA), and is, therefore, subject to regulation under the relaxed standard appropriate to added substances. Only part of that mercury has been added by man.

In April 1977, the United States sought an injunction against Anderson Seafoods, Inc., and its president, Charles F. Anderson, to prevent them from selling swordfish containing more than 0.5 parts per million (ppm) of mercury, which it…

2Cases cited7 opinions

  1. United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
  2. United States v. Lexington Mill & Elevator Co.Supreme Court of the United States · 1914
  3. United States v. Coca Cola Co. of AtlantaSupreme Court of the United States · 1916
  4. Berger v. United StatesCourt of Appeals for the Eighth Circuit · 1952
  5. Continental Chemiste Corporation v. William D. Ruckelshaus, Administrator, and Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1972

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

3Cited by8 opinions

  1. Blommer Chocolate Co. v. Bongards Creameries, Inc.District Court, N.D. Illinois · 1986
  2. Community Nutrition Institute v. Frank Young, Commissioner, Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1985
  3. Continental Seafoods, Inc. v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1982
  4. United States v. 2,116 Boxes of Boned BeefDistrict Court, D. Kansas · 1981
  5. Stapleton v. Weiderhold (In Re Weiderhold)United States Bankruptcy Court, M.D. Pennsylvania · 2008

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

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