OYAMA ET AL.

v.

CALIFORNIA

Citator

Cited By

• United States v. 40 Cases, 289 F.2d 343 (2d Cir. 1961)
  …t was pure and properly labeled while in interstate commerce and became adulterated or misbranded only after the interstate voyage had been completed. United States v. Phelps Dodge Mercantile Co., 9 Cir., 1946, 157 F. 2d 453, certiorari denied 1947, 330 U.S. 818, 67 S.Ct. 675, 91 L.Ed. 1270. In 1948, however, Congress amended § 304 (a) so as also to permit seizure of food that is adulterated or misbranded “while held for sale (whether or not the first sale) after shipment in interstate commerce.” 62 Stat.…
• United States v. Articles OF Drug, 625 F.2d 665 (5th Cir. 1980)
  …3d Cir. 1978); United States v. 40 Cases, More or Less, 289 F. 2d 343, 345-46 (2d Cir.), cert. denied, 368 U.S. 831, 82 S.Ct. 54, 7 L.Ed.2d 34 (1961); United States v. Phelps Dodge Mercantile Co., 157 F. 2d 453, 454-56 (9th Cir. 1946), cert. denied, 330 U.S. 818, 67 S.Ct. 675, 91 L.Ed. 1270 (1947). . See 21 C.F.R. § 201.100 (1980). . 21 C.F.R. § 201.5 (1980). . See United States v. Articles of Device [Acuflex; Pro-Med], 426 F.Supp. 366, 369 (W.D.Pa. 1977); United States v. Article of Drug, [1975 Transfer…
• Cavalier Vending Corp. v. United States, 190 F.2d 386 (4th Cir. 1951)
  …on of the “adulterated” product in interstate commerce, nor was there an offering for sale of a product which was adulterated when a subject of such commerce. See United States v. Phelps Dodge Mercantile Co., 9 Cir., 157 F. 2d 453, certiorari denied 330 U.S. 818, 67 S.Ct. 675, 91 L.Ed. 1270. We need not pass upon this question, however, as we think it clear that the candy and gum were not adulterated within the meaning of the act merely because the trinkets were placed with them in the vending machines. F…