Legal Opinion
Libby, McNeill & Libby v. United States
Court of Appeals for the Second Circuit
Decided March 8, 1945No. 199PublishedCited by 13 opinions
1Opinion of the Court
SIMONS, Circuit Judge.
The Federal Security Administrator charged with enforcement of the Federal Food, Drug, and Cosmetic Act, acting under authority of § 401, 21 U.S.C.A. §§ 343(g), (lc), 341, promulgated regulations establishing a definition and standard of identity for tomato catsup. The appellant produced and shipped in interstate commerce the condemned food product which concededly does not conform to the standard in that it contains sodium benzoate, a substance not permitted as an ingredient. The government’s libel charged that the food was misbranded in violation of § 403(g), and this…
2Cases cited8 opinions
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- Federal Security Administrator v. Quaker Oats Co.Supreme Court of the United States · 1943
- United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
- Libby v. United StatesCourt of Appeals for the Fourth Circuit · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. Jerome Strauss and Adam StraussCourt of Appeals for the Second Circuit · 1993
- National Nutritional Foods Ass'n v. Food & Drug AdministrationCourt of Appeals for the Second Circuit · 1974
- Federation of Homemakers v. Alexander Schmidt, Commissioner of Food and DrugsCourt of Appeals for the D.C. Circuit · 1976
- Atlas Powder Co. v. Ewing, Federal Security Administrator. Glyco Products Co., Inc. v. Federal Security AdministratorCourt of Appeals for the Third Circuit · 1953
- United States v. 62 Cases, More or Less, Containing Six Jars of Jam, EtcCourt of Appeals for the Tenth Circuit · 1950
8 more not listed; retrieve them via the Exa API.