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CREAM WIPT FOOD PROD. CO. v. FEDERAL SECURITY ADMIN.

No. 10330.

187 F.2d 789 (1951)

CREAM WIPT FOOD PRODUCTS CO. v. FEDERAL SECURITY ADMINISTRATOR.

United States Court of Appeals Third Circuit.

Decided March 21, 1951.

Attorney(s) appearing for the Case

Joseph G. Denny, Jr., Philadelphia, Pa., for petitioner.

John T. Grigsby, Washington, D. C. (James M. McInerney, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., Philadelphia, Pa., Frederick W. Becker, Attorney, Department of Justice, Lester R. Uretz, Attorney, Federal Security Agency, Washington, D. C., on the brief), for respondent.

Before KALODNER, STALEY, and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

We are concerned here with the propriety of an order of the Federal Security Administrator which establishes a standard of identity for salad dressing pursuant to Section 401 of the Federal Food, Drug and Cosmetic Act.1 Petitioner seeks to have the order set aside because the standard does not include the option which it requested of using cream and milk in substitution for part of the water normally present in the...

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