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United States v. Food, 2,998 Cases
United States Court of Appeals for the Fifth Circuit
64 F.3d 984 (1995)
- Written by Alex Ruskell, JD
Facts
The Food and Drug Administration (FDA) issued an import alert for all canned mushrooms from China. First Phoenix Group Limited, Inc., imported a shipment of mushrooms from Taiwan that were stopped at the port of entry and detained by the United States Customs Service because the mushrooms appeared to originate in China. After testing the mushrooms and finding that they were carrying a food-borne illness, the FDA sued to seize and condemn the mushrooms. The district court granted summary judgment to First Phoenix, finding that the mushrooms had never entered interstate commerce and were not subject to the FDA’s suit. The FDA appealed.
Rule of Law
Issue
Holding and Reasoning (Jolly, J.)
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