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UNITED STATES v. AN ARTICLE OF FOOD

No. 84-1390.

752 F.2d 11 (1985)

UNITED STATES of America, Plaintiff, Appellee, v. AN ARTICLE OF FOOD, etc., et al., Defendants, Appellees. Coco Rico, Inc., Claimant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

Herman W. Colberg, San Juan, P.R., with whom Reichard, Colberg & Calaf, San Juan, P.R., was on brief, for appellant Coco Rico, Inc.

Jacqueline H. Eagle, Atty., Dept. of Justice, Washington, D.C., with whom Daniel F. Lopez-Romo, U.S. Atty., Eduardo E. Toro-Font, Asst. U.S. Atty., Hato Rey, P.R., Richard K. Willard, Acting Asst. Atty. Gen., J. Patrick Glynn, Atty., Dept. of Justice, Thomas Scarlett, Chief Counsel, Food and Drug Admin., and Michael A. Humphreys, Asst. Chief Counsel, Enforcement, Food and Drug Admin., Washington, D.C., were on brief, for appellee.

Before COFFIN and BOWNES, Circuit Judges, and WEIGEL, Senior District Judge.

WEIGEL, Senior District Judge.

This is an appeal from the district court's grant of summary judgment. Appellant Coco Rico, Inc., manufactures in Puerto Rico a coconut concentrate called Coco Rico for use as an ingredient in soft drinks. The Coco Rico concentrate sold to beverage bottlers in Puerto Rico contains potassium nitrate, added for the purpose of developing and fixing a desirable color and flavor.1 On March 10, 1982, the United...

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