United States Court of Appeals for the Second Circuit - 568 F.2d 240
This case involves an appeal against an injunction that prohibited the appellants from processing hot smoked whitefish in violation of T-T-S regulations. The court found that the smoked whitefish processed in violation of the T-T-S regulation is "adulterated" under the Food, Drug and Cosmetics Act. The court invalidated the regulation as applied to the appellants due to inadequacies in the procedure followed in its promulgation. The FDA proposed regulations to control the risk of Clostridium botulinum Type E spores in fish, which can cause botulism. The final regulation accepted the intervenor's suggestion of an alternative procedure of cooking fish at 150°F for 30 minutes with 5% salt in the water phase, which was made a permanent part of the regulation. The Commissioner proposed regulations to prevent the outgrowth and toxin formation of C. botulinum Type E in fish, which Nova Scotia Food Products Corp. failed to comply with, leading to an injunctive relief action by the United States Attorney. The court held that the regulation is reasonably related to the purposes of the enabling legislation and that food can be rendered injurious to health by inadequate sanitary conditions or prevention. However, there is an argument that treating the regulations in question as supported by § 342(a)(4) would result in a different agency rulemaking procedure.
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.