Legal Opinion

United States v. Two Plastic Drums, More or Less of An Article of Food

Court of Appeals for the Seventh Circuit

Decided January 27, 1993No. 92-1172PublishedCited by 4 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

The Food and Drug Administration (“FDA”) brings this in rem seizure action under the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (“Act”), seeking to condemn and destroy two drums of black currant oil as adulterated under 21 U.S.C. § 342(a)(2)(C) for being a food additive not recognized as safe. The district court granted summary judgment against the FDA, and the government appeals. We affirm.

*816I.

Black currant oil (“BCO”) is extracted from the seeds of the black currant berry and is marketed as a dietary supplement for its unique fatty-acid structures. The FDA…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  5. Crandon v. United StatesSupreme Court of the United States · 1990

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3Cited by4 opinions

  1. United States v. All Assets and Equipment of West Side Building Corp., Appeal of Clara Penny and West Side Building Corp., Claimants-AppellantsCourt of Appeals for the Seventh Circuit · 1995
  2. Nve Inc. v. Department Of Health And Human ServicesCourt of Appeals for the Third Circuit · 2006
  3. NVE Inc. v. Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2006
  4. United States v. Two Plastic Drums, More Or Less Of An Article Of Food, Labeled In Part: Viponte Ltd. Black Currant Oil Batch No. Boosf 039Court of Appeals for the Seventh Circuit · 1993

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