United States v. Forty Barrels & Twenty Kegs of Coca-Cola
District Court, E.D. Tennessee
Uibel by the United States for condemnation of 40 barrels and 20 kegs of Coca-Cola, the Coca-Cola Company, claimant. On motion by claimant for directed verdict. A libel for condemnation was filed in the name of the United States of America by the United States Attorney under section 10 of the Food & Drugs Act of June 30, 1906. c. 3915, 34 Stat. 771 (U. S. Comp.
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Uibel by the United States for condemnation of 40 barrels and 20 kegs of Coca-Cola, the Coca-Cola Company, claimant. On motion by claimant for directed verdict. A libel for condemnation was filed in the name of the United States of America by the United States Attorney under section 10 of the Food & Drugs Act of June 30, 1906. c. 3915, 34 Stat. 771 (U. S. Comp. St. Supp. 1909, p. 1193), for the seizure for confiscation of forty barrels and twenty kegs of a food product labeled “Coca-Cola,” alleged to be adulterated and misbranded under the said Food & Drugs Act, which the Coca-Cola Company of…
1Opinion of the Court
SANFORD, District Judge.
1. The chief question in this case arises under the allegations of the Government’s libel that the food product Coca-Cola, which it seeks to condemn, is adulterated in that it contains “an added ingredient, caffeine,” which is alleged to be a poisonous and deleterious ingredient that may render such food product injurious to health.
[1] Assuming, for the purpose of determining this motion, that if the caffeine, which is admittedly contained in the Coca-Cola in the proportion of about one and one-fifth grains to each fluid ounce of the syrup, is an “added” ingredient…
2Cited by6 opinions
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Armour & Co. v. MillerCourt of Appeals of Georgia · 1929
- Newton Tea & Spice Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- United States v. 150 Cases of Fruit PuddineDistrict Court, D. Massachusetts · 1914
- United States v. Forty Barrels & Twenty Kegs of Coca ColaCourt of Appeals for the Sixth Circuit · 1914
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