Legal Opinion

United States v. Article of Food Consisting of 432 Cartons

District Court, S.D. New York

Decided October 1, 1968No. 67 Civ. 5025PublishedCited by 3 opinions

1Opinion of the Court

MANSFIELD, District Judge.

This is a libel for condemnation instituted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a), on the ground that the article of food seized was misbranded when introduced into interstate commerce. The complaint for forfeiture alleges that the labeling of the article is false or misleading and that therefore the food is misbranded under 21 U.S.C.A. § 343(a). Claimant, the owner of the goods, has admitted the jurisdiction of the Court over this matter, but denies that the article of food is misbranded. It also raises two affirmative defenses. The…

2Cases cited4 opinions

  1. United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar, Douglas Packing Co.Supreme Court of the United States · 1924
  2. United States v. ONE DEVICE, MORE OR LESS, ETC.District Court, E.D. Pennsylvania · 1963
  3. United States v. 150 Cases of Fruit PuddineDistrict Court, D. Massachusetts · 1914
  4. United States v. 47 Bottles, More or LessDistrict Court, D. New Jersey · 1962

3Cited by3 opinions

  1. United States v. An Article Of FoodCourt of Appeals for the Eighth Circuit · 1973
  2. United States v. ShabbirDistrict Court, D. Maryland · 1999
  3. United States v. An Article of FoodCourt of Appeals for the Eighth Circuit · 1973

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