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CONTINENTAL CHEMISTE CORPORATION v. RUCKELSHAUS

No. 71-1828.

461 F.2d 331 (1972)

CONTINENTAL CHEMISTE CORPORATION, Petitioner, v. William D. RUCKELSHAUS, Administrator, and Environmental Protection Agency, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1972.

Attorney(s) appearing for the Case

John M. Moelmann, D. Kendall Griffith, D. Patterson Gloor, Louis A. McLean, Northfield, Ill., for The Continental Chemiste Corp., petitioner; Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., of counsel.

Alan S. Rosenthal, Dept. of Justice, Thomas H. Kemp, Michael C. Farrar, Environmental Protection Agency, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., for respondents.

Before HASTINGS, Senior Circuit Judge, and KILEY and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

If use of an economic poison in compliance with the directions on its label will cause certain food to become "adulterated" within the meaning of the Food, Drug and Cosmetic Act (FDCA),1 is the poison necessarily "misbranded" within the meaning of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)?2 If not, the registrations of petitioner's products were improperly cancelled...

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