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U.S. v. UNDETERMINED QUANTITIES OF ALL ARTICLES

No. 17-13376.

936 F.3d 1341 (2019)

UNITED STATES of America, Plaintiff - Appellee, v. UNDETERMINED QUANTITIES OF ALL ARTICLES OF FINISHED AND IN-PROCESS FOODS, Raw Ingredients (Bulk Powders, Bulk Capsules), with any lot number, size, or type container, whether labeled or unlabeled, et al., Defendants, Hi-tech Pharmaceuticals, Inc., Jared Wheat, Claimants - Appellants.

United States Court of Appeals, Eleventh Circuit.

August 30, 2019.

Attorney(s) appearing for the Case

Daniel J. Aguilar , U.S. Department of Justice, Civil Division, Appellate Staff, James W. Harlow , Claude F. Scott, Jr. , U.S. Department of Justice, Office of Immigration Litigation, WASHINGTON, DC, Lawrence R. Sommerfeld , U.S. Attorney Service — Northern District of Georgia, U.S. Attorney's Office, ATLANTA, GA, for Plaintiff - Appellee.

Scott Samuel Brown , Brandt P. Hill , John Cowles Neiman, Jr. , Maynard Cooper & Gale, PC, BIRMINGHAM, AL, E. Vaughn Dunnigan , E. Vaughn Dunnigan, PC, ATLANTA, GA, Bruce Steven Harvey , Law Office of Bruce Harvey, ATLANTA, GA, Arthur W. Leach , Attorney at Law, ALPHARETTA, GA, Theodore Titus McCormick , Epstein Becker & Green, PRINCETON, NJ, Jack Wenik , Epstein Becker & Green, PC, NEWARK, NJ, for Claimants - Appellants.

Before TJOFLAT and JORDAN, Circuit Judges, and HINKLE, District Judge.

The Dietary Supplement Health and Education Act of 1994 provides favorable treatment for "dietary supplements," defined to include any "botanical" or "constituent" of a botanical. This case presents the question whether these terms apply to a substance that was invented in a laboratory...

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