Legal Opinion
United States v. 116 BOXES, ETC.
District Court, D. Massachusetts
Decided November 12, 1948No. Misc. Civ. 7331PublishedCited by 4 opinions
1Opinion of the Court
WYZANSKI, District Judge.
This is a libel brought under the Federal Food, Drug, and Cosmetic Act of 1938, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq. for the condemnation of packages of confections manufactured and shipped in interstate commerce by Up-To-Date Candy Manufacturing Company. These packages contain either “Arden Assorted Candy Drops” or “Arden Root Beer Drops” or “Arden Lemon Drops” or “Arden Kandy Mints”.
The libel charges misbranding within the meaning of § 403(d) of the Act, 21 U.S. C.A. § 343(d) which provides that “A food shall be deemed to be misbranded * * * If its container is…
2Cases cited2 opinions
- Federal Trade Commission v. Standard Education SocietySupreme Court of the United States · 1937
- United States v. CataldoCourt of Appeals for the First Circuit · 1946
3Cited by4 opinions
- Daniel v. Mondelez Int'l, Inc.District Court, E.D. New York · 2018
- United States v. 174 CasesDistrict Court, D. New Jersey · 1960
- United States v. 174 CasesCourt of Appeals for the Third Circuit · 1961
- United States v. 174 Cases, More or LessCourt of Appeals for the Third Circuit · 1961