United States Case Brief Sample

United States v. Gel Spice Co

Both Engel and Gel Spice Co are guilty of the charges brought by FDA; they were guilty of misdemeanor food adulteration. Under Biswell the courts upheld the inspections by FDA citing that this organization falls on the category of industries that are of public health interest and rest the pervasively regulated business exception was upheld by the court. Engel was also found guilty as the law assumes that any person who hold a position in an organization whether knowledgeable or none actively engages in this felony, they are held responsible for food adulteration for they had the mandate to correct or prevent the insanitary condition that would have prohibited food adulteration. Gel Spice lost even the appeal which they tried on unlawful search view point (Eileen & Spiro, 229).

United States v. Atropine Sulfate 1.0 Mg.

In this case the State won the litigation as the plaintiff, the judgment was based on the fact that the drug marketed by Dey which the FDA refused to approve, however because atropine sulfate is used by physician Dey articulated that under 21 U.S.C. Sec. 321 this is not a new drug. The court upheld that under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 301-392, DEy atropine Sulfate inhalant was a new drug (Open Jurist, 2009). The seizure as FDA regulation allows search on organization that deals with medical and food supply that are of public health interest be executed without warrant.

United States v. Eight Unlabeled Cases of an Article of Cosmetic

In the mentioned case the State won and the judge ordered forfeiture and also obliteration of the French Bronze Tablets, which contained Canthaxanthin and is prohibited by FDA defined in both Federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 361(e) and 21 U.S.C. Sec. 376(a), this revoked the misinterpretation of the Appellant of Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. the seizure also fell on the contentious issue of public health which the court upheld the search without warrant and the seizure of the adulterated cosmetics (Born, 199).

United States v. Pilot Petroleum, Associates, Inc

The defendant Pilot Petroleum, Association were found guilty and convicted of violation of U.S.C. § 371of conspiracy to swindle the Government of the United State, and also abetting in preparation of deceptive tax return federal exercise infringing 26 U.S.C. § 7206(2) (Martineau & Novello, 221).

United States v. Reserve Mining Co

This case ruling by district Judge Hon, Edward Devitt whose ruling raised eye brows as he found Reserve Mining Company in violation of state-granted water discharge permit and imposed penalties and levy fines and ordered the discontinuity of Reserves operation reported at412 F.Supp. 705 (Bastow, 210). After the appeal the appellant had to part more cash as they had also violated the court order concerning the discovery of harmful substances in the surface water which contained carcinogens outside the discharge zones (Farber, 99).

United States v. Hoflin

In this case Hoflin as a director at City of Ocean Shores Public Works was found guilty and convicted for abetting and aiding of the hazardous waste disposal, this falls in violation of 42 U.S.C. Sec. 6928(d)(2)(A). Also his appeals was based on violation of 33 U.S.C. Sec. 1319(c)(1) but he was appealing on the basis of 42 U.S.C. Sec. 6928(d)(2)(A) concerning the ethics behind not knowing of the violation on the date of the disposal (Riesel, 229).