Legal Opinion
United States v. 29 Cartons of an Article of Food
Court of Appeals for the First Circuit
Decided March 3, 1993No. 20-1241PublishedCited by 22 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The government seized, and seeks to condemn, twenty-nine cartons of undiluted black currant oil (BCO), in capsule form, owned by claimant-appellee Oakmont Investment Co. (Oakmont), alleging that BCO is a food additive of questionable safety. Because we believe that encapsulated BCO, intended to be ingested as purchased, cannot properly be termed a food additive as defined in the Federal Food, Drug, and Cosmetic Act (the Act), as amended, 21 U.S.C. §§ 301 et seq. (1988), we affirm the district court’s dismissal of the government’s in rem complaint.
I. BACKGROUND
On October…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Bureau of Alcohol, Tobacco & Firearms v. Federal Labor Relations AuthoritySupreme Court of the United States · 1983
- Federal Trade Commission v. Colgate-Palmolive Co.Supreme Court of the United States · 1965
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3Cited by22 opinions
- Nancy Strickland v. Commissioner, Maine Department of Human Services v. Secretary, U.S. Department of Agriculture, Third-PartyCourt of Appeals for the First Circuit · 1995
- O'Connell v. ShalalaCourt of Appeals for the First Circuit · 1996
- Cooperativa De Ahorro Y Credito Aguada v. Kidder, Peabody & Co.Court of Appeals for the First Circuit · 1993
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2003
- Unistrut Corp. v. State Department of Labor & TrainingSupreme Court of Rhode Island · 2007
17 more not listed; retrieve them via the Exa API.