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UNITED STATES v. ANDERSON SEAFOODS, INC.

No. 78-1962.

622 F.2d 157 (1980)

UNITED STATES of America, Plaintiff, v. ANDERSON SEAFOODS, INC. et al., Defendants. ANDERSON SEAFOODS, INC. et al., Plaintiffs-Appellants, v. Patricia Roberts HARRIS, Secretary of Health and Human Services et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 24, 1980.

Attorney(s) appearing for the Case

Eric M. Blumberg, Stephen D. Terman, Food and Drug Adm., Rockville, Md., Robert Wiggers, John J. Powers, III, App. Section, Antitrust Div., Dept. of Justice, Washington, D.C., for Patricia Roberts Harris.

Robert T. Lasky, Susan A. Elliott, Washington, D.C., for plaintiffs-appellants.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal poses the question whether mercury in the tissues of swordfish is an "added substance" within the meaning of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 342(a)(1) (1975) (FDA), and is, therefore, subject to regulation under the relaxed standard appropriate to added substances. Only part of that mercury has been added by man.

In April 1977, the United States sought an injunction against Anderson Seafoods, Inc., and...

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