United States v. An Article of Food … Coco Rico, Inc.
United States Court of Appeals for the First Circuit
752 F.2d 11 (1985)
- Written by Alex Ruskell, JD
Facts
The United States sued to condemn bottled soft drinks sold by Coco Rico, Inc. (defendant). The drinks contained potassium nitrate, which the government believed was an unsafe food additive. The court ruled in the government’s favor, and Coco Rico appealed. Coco Rico presented expert testimony in which the expert testified that she knew of no evidence showing potassium nitrate was unsafe in drinks, that nitrates have been approved by the Food and Drug Administration to cure meats, and that she knew of no difference in health effects between nitrates in meats and nitrates in drinks. Consequently, Coco Rico argued that it provided enough evidence that potassium nitrate should fall under the generally-recognized-as-safe exception to Food, Drug, and Cosmetic Act regulation.
Rule of Law
Issue
Holding and Reasoning (Weigel, J.)
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