U.S. v. EIGHT UNLABELED CASES, MORE OR LESS

No. 94 CV 5466.

909 F.Supp. 129 (1995)

UNITED STATES of America, Plaintiff, v. EIGHT UNLABELED CASES, MORE OR LESS, OF AN ARTICLE OF FOOD, Each Case Containing 12 Cans, Labeled in Part: (can) "* * * Spiced Mud-Skipper * * * Net Wt: 98 Grams Shelf Life: Two Years * * * Manufactured by Zhuhai Cannery * * * Sale Agent: Easy & Busy Ltd. P.O. Box 5067, G.P.O. H.K. * * *" and 6,300 CASES, MORE OR LESS, OF AN ARTICLE OF FOOD, Each Case Containing 6/100 Ounce Cans, Labeled in Part: (case) "* * * Dragon Seed * * * Mushrooms * * * Packed for Tai Wing Hong, Importer, Inc. * * * Product of Taiwan * * * 6 Tins X 2840G * * *" (can) "* * * Dragon Seed * * * * Mushrooms Net Wt. 100 Oz. (6 Lb. 2 Oz.) * * * Packed for Tai Wing Hong, Importer Inc. * * * Product of Taiwan * * *", Defendants.

United States District Court, E.D. New York.

December 20, 1995.


Attorney(s) appearing for the Case

United States Attorney's Office, Civil Division (Charles P. Kelly, of counsel), Brooklyn, New York, for plaintiff.

Grunfeld, Desiderio, Lebowitz & Silverman (Robert B. Silverman, of counsel), New York City, for defendants.


MEMORANDUM AND ORDER

NICKERSON, District Judge:

The United States brought this action under the Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. § 301 et seq., seeking the seizure, condemnation, and destruction of allegedly mislabeled and adulterated mushrooms and fish (spiced mud skipper) held in Brooklyn in the premises of Tai Wing Hong, Importer, Inc. (Tai Wing Hong) under a Customs bond. The court has jurisdiction pursuant to 28 U.S.C. §&...

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