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U.S. v. TWO PLASTIC DRUMS

No. 92-1172.

984 F.2d 814 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. TWO PLASTIC DRUMS, MORE or LESS OF AN ARTICLE OF FOOD, LABELED IN PART: VIPONTE LTD. BLACK CURRANT OIL BATCH NO. BOOSF 039, etc., and Traco Labs, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 1993.

Rehearing Denied March 31, 1993.

Attorney(s) appearing for the Case

Douglas Letter, Robert D. Kamenshine (argued), Dept. of Justice, Civ. Div., Appellate Section, Washington, DC, Leslie Kux, Food & Drug Admin., Rockville, MD, for plaintiff-appellant.

Robert Ullman (argued), Jacob Laufer, Steven Shapiro, Bass & Ullman, New York City, Marc Ansel, Erwin, Martinkus, Cole & Ansel, Champaign, IL, for defendants-appellees.

Before CUDAHY and EASTERBROOK, Circuit Judges, and WILL, Senior District Judge.

CUDAHY, Circuit Judge.

The Food and Drug Administration ("FDA") brings this in rem seizure action under the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq. ("Act"), seeking to condemn and destroy two drums of black currant oil as adulterated under 21 U.S.C. § 342(a)(2)(C) for being a food additive not recognized as safe. The district court granted summary judgment against the FDA, and the government appeals. We affirm.

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