Legal Opinion
Continental Seafoods, Inc. v. Richard S. Schweiker, Secretary of Health and Human Services
Court of Appeals for the D.C. Circuit
Decided March 19, 1982No. 80-2462PublishedCited by 9 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge BAZELON.
BAZELON, Senior Circuit Judge:
We must decide whether the Food and Drug Administration (FDA) acted lawfully in concluding that Indian shrimp contaminated with poisonous bacteria was “adulterated” within the meaning of the Food, Drug and Cosmetic Act (FDCA or Act). The district court answered yes. We affirm.
I
The Act permits the FDA to prohibit the importation of food that “appears” to be adulterated. 1 In defining “adulterated,” the Act focuses on the origin and dangers of “poisonous or deleterious substance[s]” in the food. 2 When…
2Cases cited10 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Board of Trustees of Univ. of Ill. v. United StatesSupreme Court of the United States · 1933
- United States v. Coca Cola Co. of AtlantaSupreme Court of the United States · 1916
- Harry Sugarman v. Jack B. ForbragdCourt of Appeals for the Ninth Circuit · 1969
- American Public Health Association v. Earl Butz, Secretary of Department of AgricultureCourt of Appeals for the D.C. Circuit · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Utex International Inc., and Sentry Insurance CompanyCourt of Appeals for the Federal Circuit · 1988
- Supreme Beef Processors, Inc. v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2001
- Animal Legal Defense Fund Boston, Inc. v. Provimi Veal Corp.District Court, D. Massachusetts · 1986
- United States v. Blue Ribbon Smoked Fish, Inc.District Court, E.D. New York · 2001
- Blommer Chocolate Co. v. Bongards Creameries, Inc.District Court, N.D. Illinois · 1986
4 more not listed; retrieve them via the Exa API.