Natick Paperboard Corp. v. Weinberger

THOMSEN, Senior District Judge.

Plaintiffs appeal from a summary judgment for defendants, the Secretary of HEW and the Commissioner of Food and Drugs (collectively, FDA), which declared that they have the authority under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. (the Act), to recommend seizure of paper food packaging material containing polychlorinated biphenyls (PCB’s) in excess of 10 parts per million (ppm) as adulterated food. 389 F.Supp. 794 (D.Mass.1975).1

PCB’s are a group of toxic chemical compounds, which find their way into industrial waste, and thence into various…