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Carl Borchsenius Co. v. Gardner

282 F. Supp. 396 (1968)

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Carl Borchsenius Co. v. Gardner

United States District Court for the Eastern District of Louisiana
282 F. Supp. 396 (1968)

AR

Facts

Carl Borchsenius Co. (plaintiff) imported a large shipment of coffee from Brazil. The Food and Drug Administration allowed about half of the shipment into the United States, but the remaining coffee was rejected after an examination discovered that some of the coffee was moldy and damp. Carl requested and received permission to attempt to bring the damaged part of the shipment into compliance by removing the moldy beans and drying the coffee. After doing so, about half of the remaining shipment received approval, but the remainder was again rejected. The FDA told Carl it would release the recovered coffee as soon as Carl destroyed the remainder. Carl asked whether it could export the rejected coffee instead. The FDA refused to release the recovered coffee until the remaining rejected coffee was destroyed. Carl sued, arguing that the FDA did not have the authority to order the remaining coffee’s destruction without giving Carl a chance to export it. The FDA responded that although the entire shipment could have been exported after rejection, the fact that Carl attempted to bring part of the shipment into compliance took away the export option.

Rule of Law

Issue

Holding and Reasoning (Cassibry, J.)

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Casebooks

Food and Drug Law

Key Terms