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Berger v. United States
United States Court of Appeals for the Eighth Circuit
200 F.2d 818 (1952)
- Written by Alex Ruskell, JD
Facts
Berger (defendant) was convicted of introducing into interstate commerce pickles and pickle relish that violated the Food, Drug, and Cosmetic Act by being prepared under insanitary conditions whereby it may have become contaminated by filth. The government showed that Berger’s pickle plant had dozens of broken windows, pigeons flying inside, bugs and spiderwebs in the pickle barrels, rust on the equipment, and mold on the product. Berger appealed, arguing that the statute was unconstitutional because it was indefinite as to what was meant by prepared under insanitary conditions whereby it may have become contaminated by filth.
Rule of Law
Issue
Holding and Reasoning (Collet, J.)
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