Continental Distilling Corp. v. Shultz

FAHY, Senior Circuit Judge:

Prior to July 1, 1972, domestic whis-ky, aged in used oak casks, i. e., reused cooperage, was required to be marketed with a label which advised that it had been aged in that manner, for the number of years also indicated.1 The regulations so providing had been promulgated under the labeling provisions of the Federal Alcohol Administration Act.2 This Act is administered under the authority of the Secretary of the Treasury, a present appellant, and the officials of the Alcohol, Tobacco, and Firearms Division of the Internal Revenue Service who are also appellants.

The…