United States v. Wiesenfeld Warehouse Co.

Section 301 (k) of the Federal Food, Drug, and Cosmetic Act prohibits the “alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such article is held for sale . . . after shipment in interstate commerce and results in such article being adulterated or misbranded.” Section 402 of the Act provides, among other things, that “[a] food shall be deemed to be adulterated — (a) ... (3) if it consists in whole or in part of any filthy, putrid,…