Legal Opinion
United States v. An Article of Food
Court of Appeals for the Eighth Circuit
Decided July 9, 1973No. 72-1626PublishedCited by 3 opinions
1Opinion of the Court
LAY, Circuit Judge.
This is an appeal from an in rem proceeding brought under the Federal Food, Drug, and Cosmetic Act against a special dietary product “Nuclomin” claiming it is misbranded in violation of Section 403(a) of the Act, 21 U.S.C. § 343(a).1 Hunt Investment, Inc., owner of Nuclomin, intervened. Jurisdiction rests under 21 U.S.C. § 334. The district court upheld the government seizure and condemnation on the basis that several ingredients listed on the label were “either of no nutritional value per se or the quantities are so minute as not to enhance the nutritional value of the…
2Cases cited19 opinions
- Kordel v. United StatesSupreme Court of the United States · 1948
- United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
- United States v. Diapulse Corporation of America, Also Known as the Diapulse Manufacturing Corporation of America, a CorporationCourt of Appeals for the Second Circuit · 1972
- United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar, Douglas Packing Co.Supreme Court of the United States · 1924
- The Upjohn Company v. Robert H. Finch, Secretary of Health, Education & Welfare, and Herbert L. Ley, Jr., Commissioner of Food and DrugsCourt of Appeals for the Sixth Circuit · 1970
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3Cited by3 opinions
- United States v. An Article Of FoodCourt of Appeals for the Eighth Circuit · 1973
- Wellife Products v. ShalalaCourt of Appeals for the D.C. Circuit · 1995
- Wellife Products v. ShalalaCourt of Appeals for the D.C. Circuit · 1995