Legal Opinion
United States v. Nesbitt Fruit Products, Inc.
Court of Appeals for the Fifth Circuit
Decided May 24, 1938No. 8748PublishedCited by 5 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
The appeal is from a judgment of the court, jury having been waived, which refused to condemn and forfeit 492 cases of one gallon jugs labelled “Nesbitt’s California Orange Juice Sweetened”, with ingredients and directions following. The amended libel asserted “That the aforesaid product is adulterated in violation of section 7 of the Food & Drugs Act, paragraph fourth, in the case of food, 21 U.S. C.A. § 8, Food, par. 4, in that orange juice, orange peel flavor, sugar and acid have been mixed and colored in • a manner whereby inferiority is concealed”; and “That the…
2Cited by5 opinions
- United States v. 88 Cases, More or Less, Containing Bireley's Orange BeverageCourt of Appeals for the Third Circuit · 1951
- United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
- Libby, McNeill & Libby v. United StatesCourt of Appeals for the Second Circuit · 1945
- United States v. 2 Bags, More or Less, Each Containing 110 Pounds Poppy SeedsDistrict Court, N.D. Ohio · 1944
- United States v. Nesbitt Fruit Products, Inc.Court of Appeals for the Fifth Circuit · 1938