United States v. Certified Grocers Co-Op, a Corporation

TONE, Circuit Judge.

In this food-adulteration prosecution under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., the government appeals under 18 U.S.C. § 3731 from a judgment of acquittal entered after a bench trial. The defendants, relying upon that section’s provision that “no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution,” have moved to dismiss the appeal for lack of jurisdiction. The question of jurisdiction, under the standard set forth in United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, 43…