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United States v. Farinella

558 F.3d 695 (2009)

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United States v. Farinella

United States Court of Appeals for the Seventh Circuit
558 F.3d 695 (2009)

AR

Facts

Charles Farinella (defendant) bought 1.6 million bottles of Henri’s Salad Dressing. The bottles had labels stating “best when purchased by” with dates between January to June 2003. The dates had been picked by the manufacturer. Farinella bought the salad dressing when close to the best-when-purchased-by dates, changed the label dates to 2004, and sold the bottles to discount food stores. Farinella was arrested and convicted of selling misbranded food with the intent to defraud or mislead. Farinella appealed, arguing that he could not be convicted for misbranding food under the Food, Drug, and Cosmetic Act merely by changing the best-when-purchased-by date.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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Casebooks

Food and Drug Law

Key Terms