Thursday, May 23, 2013

United States v. Nova Scotia Food Products Corp. case brief

United States v. Nova Scotia Food Products Corp. case brief
568 F.2d 240 (2d Cir. 1977)

CASE SYNOPSIS: Appellants, a food processor and a trade association, sought review of a decision from the United States District Court (EDNY) that granted an injunction for appellee United States in an action to prevent the preparation of food that was not in accordance with 21 C.F.R. pt. 122.

The appellee, the United States, through the Food and Drug Administration, passed rule 21 C.F.R. pt. 122.
This rule prevented the processing of whitefish unless it was in accordance with the regulation. Appellants, a food processor and trade association, challenged the regulation because it would have been impossible to commercially process the fish under the regulation. 

The appellee obtained an injunction from the trial court to prevent further processing without regulation compliance.

The court reversed and directed that the appellee's complaint be dismissed because the regulation was arbitrary and capricious and, therefore, invalid.
Because of concerns that regarded the safety of the public, even though the Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 371(a), stated that it covered only unsanitary conditions, the court read § 371(a) broadly so that applied to micro-organisms that were found in food.
However, the court also found that the agency record failed to disclose the basis of the regulation.
As a result, the appellants were unable to respond to the evidence upon which the agency relied in the promulgation of the regulation, and the appellee did not have to respond to the concerns of the appellents.


The court reversed the decision in favor of appellee United States.
The court ruled for appellants, food processor and trade association, in an action to prevent the processing of food in non-compliance with appellee's regulation.
The regulation was invalid inasmuch as it had been promulgated in an arbitrary and capricious fashion.
The court stated that the appellee's complaint be dismissed.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...