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UNITED STATES v. AN ARTICLE OF FOOD, ETC.

Civ. Nos. 82-0505 GG, 82-0506 and 82-0507.

584 F.Supp. 230 (1984)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF FOOD CONSISTING OF THE FOLLOWING, ETC., Defendant.

United States District Court, D. Puerto Rico.

April 3, 1984.

Attorney(s) appearing for the Case

Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., for plaintiff.

José A. Acosta-Grubb, Fiddler, Gonzalez & Rodriguez, San Juan, P.R., for Cerveceria India, Inc.

Herman W. Colberg, Reichard, Colberg & Calaf Law Offices, San Juan, P.R., for Coco-Rico, Inc.

OPINION AND ORDER

GIERBOLINI, District Judge.

These are three in rem actions brought by the United States against three independently-manufactured and owned lots of soft drink compounds alleging that each lot is adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. Section 342(a)(2)(C) since it contains potassium nitrate, an unsafe food additive under 21 U.S.C. Section 348.

Plaintiff has filed a motion...

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