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United States v. 1,638 Cases of Adulterated Alcoholic Beverages

624 F.2d 900 (1980)

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United States v. 1,638 Cases of Adulterated Alcoholic Beverages

United States Court of Appeals for the Ninth Circuit
624 F.2d 900 (1980)

AR

Facts

K&L Distributers, Inc.’s Bering Sea Saloon was flooded by seawater and sewage. Because of this, the United States seized and condemned 1,639 cases of K&L’s alcoholic beverages. K&L admitted that the alcohol was adulterated but asked that the alcohol be returned to K&G for reconditioning. The Food and Drug Administration agreed to return the alcohol but said it would only approve a reconditioning plan that included redistillation of the alcohol. K&G argued that the Food and Drug Administration plan would be economically disastrous, so it brought suit seeking a court order to allow it to recondition the alcohol with soap and water and a hypochlorite dip. The court ruled in the government’s favor, and K&G appealed. K&G claimed that it could not be required to follow only the Food and Drug Administration’s reconditioning plan or destroy the alcohol.

Rule of Law

Issue

Holding and Reasoning (Thornberry, J.)

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Casebooks

Food and Drug Law

Key Terms