United States v. 40 Cases, More or Less of Six One Gallon Cans

LUMBARD, Chief Judge.

The single question before us on this appeal is whether § 304(a) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a), authorizes the United States to proceed against and seize mislabeled or adulterated cans of blended vegetable oils mixed entirely within the State of New York from various oils shipped under proper labels from other states and foreign countries. Section 304(a) permits seizure of food which is “adulterated or misbranded when introduced into or while in interstate commerce or while held for sale (whether or not the first sale) after shipment in…