Quiz 34: Consumer Safety and Environmental Protection


Safety of food products: Food is a basic requirement of all human beings. Certain laws are formed to make sure that the food offered to public is not adulterated. All the companies indulged in the business of distribution or sale of food products have to comply with the regulations made by various acts that have been enacted for ensuring food product's safety. One of such act that regulates sales and distribution of foods products is Food, Drug and Cosmetics ACT. Person B's Company GS was into a business of importation of food spices. After importation spices were sent to warehouse where its repackaging is done. It was found by FDA (Food and Drug Administration) that rats were present in the warehouse and packaged spices contained insects. FDA brought charges against B and GS. In the given case, GS was involved on sales of spices to public. It was found that where the spices were packed the place was full of live rats and insects that move freely in the bags of spices. As per the regulations of FDA, and FDCA one is allowed to sell adulterated food products to public. B sold the spices with insects in its packets violated the regulations of FDCA. Thus, it can be concluded that E and GS was guilty and liable for his/its acts.

Facts of the Case This case is related to a company called GS. The company is into imports, processes, and packages of spices. It was in the processing of consumer and industrial size containers.. Gel Spice used to import spices from various parts of the world like South America, Europe and parts of Middle East. The spices were imported through ship and were unloaded at piers. After the sample of the spices got approved at pier inspection, the entire shipment was taken to the warehouse of the company. In the last 3 years the warehouse is inspected 4 times by the investigators of FDA. During the course of investigation, the traces of animals and their breeds developing in the raw material were witnessed by inspectors. Thereafter criminal charges were levied upon Gel Spice and Barry Engel. Issue concerning the case : The issue is whether the company and its President are guilty of misconduct. Findings and Decision of the court The court declared GL as guilty, for the violating the law under 342(a) (4). It states the adulterated food under insanitary condition is rendered as injurious to the health of people. So, GL enterprise was banned from marketing his goods.

Facts of the Case • FBNH Enterprises was a distributor of a product called FB Tablets that were used to tan a person's body without exposure to the sun. • The tablet had various ingredients, one of which is canthaxanthin, a color agent. • Being a coloring additive, its usage was not permitted by Food and Drug Administration as the company was marketing these tablets which had 30 mg of this coloring additive. Thereafter, FDA filed a lawsuit aiming at forfeiting of eight cases of the tablets in the hands of the company. The company then challenged the right of the government to take hold of these tablets. Issue concerning the case The issue is whether FBNH got some relief or the court ordered forfeiture and destruction of the tablets. Findings and Decision of the Law The district court stated that "as a means of protecting the public health, 21 U.S.C. § 376(a) creates a presumption that a color additive is "unsafe" if the F.D.A. has not issued a regulation of such nature". Any product that contains the presumptively unsafe color additive is deemed "adulterated" under "21 U.S.C. § 361(e)".The product can be seized and subject to condemnation pursuant as per 21 U.S.C. § 334. The judgment of the district court was that "the FRENCH BRONZE TABLETS are adulterated pursuant to 21 U.S.C. § 361(e) and forfeitable pursuant to 21 U.S.C. § 334(a)". It was later "affirmed by United States Court of Appeals".

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