1. Home
  2. Browse Decisions
  3. F.2d
  4. 987 F.2d
  5. 987 F.2d 33 (1993)
 

U.S. v. 29 CARTONS OF * * * AN ARTICLE OF FOOD

No. 92-1945.

987 F.2d 33 (1993)

UNITED STATES of America, Plaintiff, Appellant, v. 29 CARTONS OF * * * AN ARTICLE OF FOOD, ETC., Defendant. Claim of OAKMONT INVESTMENT CO., INC., Claimant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 3, 1993.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Atty., Civil Div., U.S. Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, DC, A. John Pappalardo, U.S. Atty., Boston, MA, Douglas N. Letter, Atty., Civil Div., Margaret J. Porter, Chief Counsel, and Leslie Kux, Associate Chief Counsel, U.S. Food & Drug Admin., Washington, DC, were on brief, for appellant.

Robert Ullman, with whom Jacob Laufer, Steven Shapiro, and Bass & Ullman, New York City, were on brief, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

The government seized, and seeks to condemn, twenty-nine cartons of undiluted black currant oil (BCO), in capsule form, owned by claimant-appellee Oakmont Investment Co. (Oakmont), alleging that BCO is a food additive of questionable safety. Because we believe that encapsulated BCO, intended to be ingested as purchased, cannot properly be termed a food additive as defined in the Federal Food, Drug, and Cosmetic Act (the Act), as amended,<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases