Legal Opinion

United States v. Articles of Food & Drug

Court of Appeals for the Fifth Circuit

Decided September 8, 1975No. 74-2059PublishedCited by 3 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

The United States seized and seeks to condemn under § 304 of the Food and Drug Act of 1938, as amended, 21 U.S.C. § 334, quantities of four animal drugs and an animal food containing a food additive. The drugs and the food additive were all manufactured by the appellant. The drugs and the food containing the food additive were seized because they were believed to be adulterated within the precise meaning of that term as used in the Act, 21 U.S.C. §§ 342(a)(2)(C) and 351(a)(5). Also one drug was believed to be misbranded within the meaning of 21 U.S.C. § 352(a).

*745The…

2Cases cited2 opinions

  1. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  2. Weinberger v. Bentex Pharmaceuticals, Inc.Supreme Court of the United States · 1973

3Cited by3 opinions

  1. United States v. Articles Of Food And Drug Consisting Of Coli-Trol 80, F4c-60 Feed Grade, Entrol-S Medicated, Entrol-P, Etc.Court of Appeals for the Fifth Circuit · 1975
  2. United States v. Articles of DrugCourt of Appeals for the Fifth Circuit · 1980
  3. United States v. An Article of Food, Etc., Coco Rico, Inc.Court of Appeals for the First Circuit · 1985

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