UNITED STATES SUPREME COURT DECISIONS ON-LINE

Under § 304 of the Federal Food, Drug, and Cosmetic Act, as amended, the Government filed a libel to condemn 62 cases of a product which closely resembled fruit jam in appearance and taste, claiming that it was "misbranded" within the meaning of § 403(g). The product did not meet the standards for fruit jam prescribed in the regulations issued under § 401 and incorporated by reference in § 403(g), but it was wholesome and fit for human consumption, was plainly labeled as "imitation" in compliance with § 403(c), and was sold as "imitation jam," without any effort to misrepresent it as genuine fruit jam.

Held: it was not "misbranded" within the meaning of § 403. Federal Security Administrator v. Quaker Oats Co., 318 U. S. 218, distinguished. Pp. 340 U. S. 593-601.

183 F.2d 1014, reversed.

On a libel by the United States against certain food products under § 304 of the Federal Food, Drug, and Cosmetic Act, the District Court held that they were not "misbranded" within the meaning of § 403. 87 F.Supp. 735. The Court of Appeals reversed. 183 F.2d 1014. This Court granted certiorari. 340 U.S. 890. Reversed, p. 340 U. S. 601. clubjuris

Page 340 U. S. 594