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United States v. Tuente Livestock

888 F. Supp. 1416 (1995)

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United States v. Tuente Livestock

United States District Court for the Southern District of Ohio
888 F. Supp. 1416 (1995)

AR

Facts

The United States Food and Drug Administration accused Tuente Livestock (defendant) of delivering contaminated live hogs to slaughterhouses. Tuente Livestock purchased the live hogs from producers. There was no allegation that Tuente Livestock contaminated the live hogs, but only that Tuente Livestock did not obtain guarantees from producers that certain drugs would not be in the hogs’ systems when they arrived at slaughterhouses. The United States (plaintiff) sued Tuente Livestock under the Food, Drug, and Cosmetics Act for selling contaminated food. Tuente Livestock moved to dismiss, arguing that living hogs were not food under the act.

Rule of Law

Issue

Holding and Reasoning (Rice, J.)

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Casebooks

Food and Drug Law

Key Terms