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LIBBY, McNEILL & LIBBY v. UNITED STATES

No. 199.

148 F.2d 71 (1945)

LIBBY, McNEILL & LIBBY v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 8, 1945.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, of New York City (Michael F. Markel, of New York City, and Lyndle W. Hess, of Chicago, Ill., of counsel), for appellant.

Tom C. Clark, Asst. Atty. Gen., T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y., Morris K. Siegel, Asst. U. S. Atty., of New York City (Vincent A. Kleinfeld, Atty., Department of Justice, and Arthur A. Dickerman, Atty., Federal Security Agency, both of Washington, D. C., of counsel), for appellee.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.

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), (k), 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...

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