Salamonie Packing Co. v. United States

SANBORN, Circuit Judge.

The Government, pursuant to § 304(a) of the Federal Food, Drug, and Cosmetic Act of June 25, 1938, 21 U.S.C.A. § 334(a), instituted five separate libels against certain cases of canned tomato juice shipped in interstate commerce by appellant. In each libel the Government sought the condemnation of the accused tomato juice on the ground that it was adulterated within the meaning of 21 U.S.C.A. § 342(a) (3), in that it consisted, in whole or in part, of a decomposed substance by reason of the presence of decomposed tomato material. The libels were consolidated. The…