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United States v. 29 Cartons of *** An Article of Food
United States Court of Appeals for the First Circuit
987 F.2d 33 (1993)
- Written by Tanya Munson, JD
Facts
The United States Food and Drug Administration (FDA) (plaintiff) seized 29 cartons of undiluted black-currant-oil capsules owned by Oakmont Investment Co. (Oakmont) (defendant). The FDA alleged that the black-currant pills were a food additive that had not been proven safe under the Federal Food, Drug, and Cosmetic Act (FDCA). Oakmont argued that the capsules only contained black-currant oil and that the capsules, made from gelatin and glycerin, were nothing more than a container for the oil. The district court dismissed the FDA’s complaint and ordered the capsules to be released.
Rule of Law
Issue
Holding and Reasoning (Selya, J.)
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