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United States v. Two Plastic Drums … Black Currant Oil
United States Court of Appeals for the Seventh Circuit
984 F.2d 814 (1993)
- Written by Alex Ruskell, JD
Facts
The United States sought to condemn black currant oil as a food additive. If the oil was an additive, it would be up to the manufacturer to prove it was safe. If it was not an additive, the Food and Drug Administration (FDA) had to prove it was injurious to health. The FDA claimed that the oil was an additive because it was sold in pill capsules made of gelatin and glycerin. The manufacturer argued the capsules were basically a container that did not affect the oil in any way. The district court ruled in the manufacturer’s favor, and the FDA appealed.
Rule of Law
Issue
Holding and Reasoning (Cudahy, J.)
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