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COFFEE-RICH, INC. v. KANSAS STATE BOARD OF HEALTH

No. 43,451

192 Kan. 431 (1964)

388 P.2d 582

COFFEE-RICH, INC., Appellee, v. THE KANSAS STATE BOARD OF HEALTH: EVAN WRIGHT, Director, Food and Drug Division of the Kansas State Board of Health; WALTER E. FRAESE, RALPH REED, M.D., HAROLD W. POWERS, M.D., J. ALAN BRADBURY, D.V.M., V.A. LEOPOLD, D.O., A.A. FINK, M.D., THOMAS P. BUTCHER, M.D., FRANK C. CAROTHERS, D.D.S., ROBERT H. HESS, GEORGE E. BURKET, JR., M.D., As Members of the Kansas State Board of Health; ROBERT H. RIEDEL, M.D., As Executive Secretary of the Kansas State Board of Health and As State Health Officer of the State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed January 25, 1964.

Attorney(s) appearing for the Case

John W. Cooper, Assistant Attorney General, of Topeka, argued the cause, and William M. Ferguson, Attorney General, J. Richard Foth, Assistant Attorney General, O.R. Stites, Jr., Assistant Attorney General, and Robert L. Lewis, Assistant Attorney General, all of Topeka, were with him on the briefs for appellants.

Elliott H. Levitas, of Atlanta, Georgia, and Milo M. Unruh, of Wichita, argued the cause, and Ellis Arnall, of Atlanta, Georgia, Warren W. Shaw, of Topeka, and Eward F. Arn, Richard F. Mullins, H.R. Kuhn and Louis W. Cates, of Wichita, were with them on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The Kansas food, drug and cosmetic act authorizes the State Board of Health or any of its authorized agents to detain or embargo and bring a libel for condemnation against any article of food which is "misbranded" when the authorized agent finds or has reason to believe that such food is adulterated, or so misbranded as to be dangerous or fraudulent. (G.S. 1961 Supp., Ch. 65, Art. 6; 65-657, 65-658, 65...

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