FBNH Enterprises, Inc. (FBNH), was a distributor of a product known as French Bronze Tablets. The purpose of the tablets was to allow a person to achieve an even tan without exposure to the sun. When ingested, the tablets imparted color to the skin through the use of various ingredients, one of which is canthaxanthin, a coloring agent. The Food and Drug Administration (FDA) had not approved the use of canthaxanthin as a coloring additive. The FDA became aware that FBNH was marketing the tablets and that each contained 30 milligrams of canthaxanthin. The FDA filed a lawsuit, seeking the forfeiture and condemnation of eight cases of the tablets in the possession of FBNH. FBNH challenged the government’s right to seize the tablets. Who wins? United States v. Eight Unlabeled Cases of an Article of Cosmetic, 888 F. 2d 945, 1989 U. S. App. Lexis 15589 (United States Court of Appeals for the Second Circuit)
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