United States v. Anderson Seafoods, Inc.

622 F.2d 157 (1980)

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United States v. Anderson Seafoods, Inc.

United States Court of Appeals for the Fifth Circuit
622 F.2d 157 (1980)

AR

Facts

The United States sought an injunction against Anderson Seafoods, Inc. (defendant) to prevent it from selling swordfish with mercury levels greater than .5 parts per million. The United States claimed that mercury at that level was an added substance injurious to health. Anderson responded that some of the mercury occurred naturally, and the rest of the mercury was caused by pollution. The district court found that if some toxin was introduced into food via pollution, all of the toxin in the food was treated as an added substance that could be regulated under the Food, Drug, and Cosmetic Act’s may-render-injurious-to-health standard. Anderson appealed.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

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