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Monsanto Co. v. Kennedy

613 F.2d 947 (1979)

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Monsanto Co. v. Kennedy

United States Court of Appeals for the District of Columbia Circuit
613 F.2d 947 (1979)

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Facts

Monsanto Co. (plaintiff) made unbreakable beverage containers that resulted in a small amount of acrylonitrile migrating into the beverage. The Food and Drug Administration (FDA) issued a ruling that acrylonitrile was a food additive that had not been proven to be safe, and Monsanto sued to appeal the decision, arguing that the decision should be remanded to the FDA because Monsanto had developed a new container in which there was no migration of the acrylonitrile.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J.)

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Casebooks

Food and Drug Law

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