Plaintiff was informed by the Commissioner of Food and Drugs of the Federal Security Agency that its proposed shipments of artificially colored poppy seeds in interstate commerce, notwithstanding that they were properly labeled, would be a violation of the section 402 of the Federal Food, Drug, and Cosmetic Act, and would subject it to the penalty prescribed in that act. It thereupon brought an action against the Federal Security Administration and the Attorney General for a declaratory judgment that such shipments were not prohibited by the act. Held, relief denied on the ground that neither of the defendants had threatened to prosecute the plaintiff or to seize and libel its merchandise, and therefore there was no justiciable controversy within the meaning of the Declaratory Judgment Act. Helco Products Co., Inc. v. McNutt, (Ct. App. D.C. 1943) 137 F. (2d) 681.
Mary J. Plumer,
JUDGMENTS-DECLARATORY JUDGMENT AS TO THE APPLICABILITY OF A PENAL STATUTE TO THE PLAINTIFF'S PROPOSED ACTIVITY DENIED,
Mich. L. Rev.
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