United States v. Kanasco, Ltd.
United States Court of Appeals for the Fourth Circuit
123 F.3d 209 (1997)

- Written by Alex Ruskell, JD
Facts
The United States sued to seize as adulterated 104 drums of antibiotics manufactured by Kanasco, Ltd. (defendant). The government argued that the drugs were not manufactured according to good manufacturing practices under the Food, Drug, and Cosmetic Act. Kanasco claimed that the drugs were exempt from the act’s manufacturing requirements because they were intended for export. Under the act, a drug was exempt if it “accords to the specifications of the foreign purchaser” and “is not in conflict with the laws of the country to which it is intended for export.” The district court ruled in the government’s favor, finding that Kanasco could not show that the drugs were made for a specific foreign purchaser or met the particular laws of that specific foreign purchaser. Kanasco appealed, arguing that a general intent to export drugs was enough to meet the exemption.
Rule of Law
Issue
Holding and Reasoning (Motz, J.)
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