Talk:United States v. Forty Barrels and Twenty Kegs of Coca-Cola

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Missing Information[edit]

The remaining part of the case is missing.Ryou-kun16 (talk) 17:33, 27 November 2007 (UTC)

Can we get a full list of the names of the defendants? :) ExOttoyuhr (talk) 15:24, 25 August 2008 (UTC)

Who Won?![edit]

It's kind of important. I think —Preceding unsigned comment added by 70.137.170.6 (talk) 02:18, 22 January 2009 (UTC)

From the judgement: The judgment is reversed and the cause is remanded for furthere(sp) proceedings in conformity with this opinion. I believe the original judgment was for Coca-Cola. And does anyone else find it funny that apparently, a quantity of soda was the defendant in this case? 128.252.254.14 (talk) 04:00, 18 February 2009 (UTC)

Infobox[edit]

I added an infobox to describe the outcome of the case, which was lacking from the page. It's bare and worthless aside from that and the dates upon which it was decided and argued - a little more work and we might have the beginnings of a real article here. As for the above comment, this wasn't the only such case; I'm not at all sure, but it could have been common practice at the time(there's a reference to 443 Cans of Frozen Egg Product v. United States). BioTube (talk) 17:16, 20 March 2009 (UTC)

Food as a Defendant[edit]

Ok, as strange as it sounds, it seems that there were a number of cases in which food/beverage products were named as a defendant per the Pure Food and Drug Act (as described in this appeal) that states

That any article of food . . . that is adulterated or misbranded within the meaning of this act, and is being transported from one state . . . to another for sale, . . . shall be liable to be proceeded against in any district court of the United States within the district where the same is found, and seized for confiscation by a process of libel for condemnation

It does sound strange, and makes me wonder if property is named as a defendant in any other common-law jurisdictions outside the U.S. It appears to have been an effort by Congress to apply the powers of Admiralty Law granted in the Constitution to allow the confiscation of products deemed dangerous to the public. Perhaps this subject warrants it's own article? I suspect that this practice only existed between the 1906 passing of the Act and the passing of it's more comprehensive replacement, the Food, Drug, and Cosmetic Act of 1938. - Eric (talk) 04:34, 9 April 2010 (UTC)

Property is often the defendent in current US drug prosecutions. A house is charged with being a dwelling used for the manafacture of a controlled substance. This practice is controversial. I can't speak for charging property in other countries though.RevelationDirect (talk) 09:46, 9 April 2010 (UTC)

Good point all – thanks! The formal term for an object being a defendant is jurisdiction in rem (power over things), and this is a notable case of it, though as Revelation remarks, it’s mostly used these days for asset forfeiture, largely drug-related. I’ve made a note here; see the in rem page for more examples.

—Nils von Barth (nbarth) (talk) 02:18, 23 July 2010 (UTC)