United States v. Eight Unlabeled Cases, More or Less, of an Article of Food
District Court, E.D. New York
1Opinion of the Court
MEMORANDUM AND ORDER
NICKERSON, District Judge:
The United States brought this action under the Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 301 et seq., seeking the seizure, condemnation, and destruction of allegedly mislabeled and adulterated mushrooms and fish (spiced mud skipper) held in Brooklyn in the premises of Tai Wing Hong, Importer, Inc. (Tai Wing Hong) under a Customs bond. The court has jurisdiction pursuant to 28 U.S.C. §§ 1345 and 1355 and 21 U.S.C. § 334.
After commencement of the action Tai Wing Hong laid claim to the food. The government has moved for summary judgment…
2Cases cited6 opinions
- United States v. DotterweichSupreme Court of the United States · 1943
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Baltimore & Ohio Southwestern Railroad v. SettleSupreme Court of the United States · 1922
- National Labor Relations Board v. Health Care & Retirement Corp. of AmericaSupreme Court of the United States · 1994
- United States v. Food, 2,998 Cases, Etc., First Phoenix Group, Ltd., Claimant-AppelleeCourt of Appeals for the First Circuit · 1995
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3Cited by2 opinions
- Beaty v. Food and Drug AdministrationDistrict Court, District of Columbia · 2012
- United States v. 22 Rectangular or Cylindrical Finished DevicesDistrict Court, D. Utah · 1996