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U.S. v. 24/94 KG BAGS, MORE OR LESS, OF AN ARTICLE OF FOOD

No. 3:12-cv-04369-EDL.

UNITED STATES OF AMERICA, Plaintiff, v. 24/94 kg bags, more or less, of an article of food, labeled in part: "*** SENNA PODS *** PRODUCE OF INDIA *** NETT 94 KGS *** Item# W1520 Lot # 110220 *** Nt. Wt. # 211.2 LBS *** Country of Origin: INDIA ***" and all other articles of food in various sizes and types of containers (excluding metal and glass containers) that are located anywhere on the premises of San Francisco Herb and Natural Food Company, 47444 Kato Road, Fremont, California, which are unlabeled or affixed with labels bearing, among other things, the name and address of the manufacturer, packer, or distributor located outside the State of California, or which are otherwise determined to consist in whole or in part of components that have originated from outside the State of California, Defendants.

United States District Court, N.D. California, San Francisco Division.

October 16, 2012.

Attorney(s) appearing for the Case

MELINDA HAAG , CSBN 132612 United States Attorney, ALEX G. TSE , CSBN 152348 Assistant United States Attorney Chief, Civil Division, MELANIE L. PROCTOR 1, CSBN 228971 Assistant United States Attorney, San Francisco, California, Attorneys for Plaintiff.

BARRY MELTZER , CEO and President, San Francisco Herb Natural Food Company, Individually and on behalf of San Francisco Herb and Natural Food Company, JAMES R. PROCHNOW , Attorney for San Francisco Herb and Natural Food Company and Barry Meltzer Greenberg Traurig, LLP Denver, CO, WILLIAM J. GOINES , Attorney for San Francisco Herb and Natural Food Company and Barry Meltzer Greenberg Traurig, LLP East Palo Alto, CA, FAHIMEH NIROOMAND , an Individual in her Individual capacity JOHN O'CONNOR , Attorney for Fahimeh Niroomand O'Connor and Associates San Francisco, CA, Claimant and Defendants.

WILLIAM B. SCHULTZ General Counsel, ELIZABETH H. DICKINSON Chief Counsel Food and Drug Division, ERIC M. BLUMBERG Deputy Chief Counsel for Litigation, THOMAS J. COSGROVE , Associate Chief Counsel U.S. Dept. of Health & Human Services Office of General Counsel, Silver Spring, MD, Of Counsel.

CONSENT DECREE OF CONDEMNATION AND PERMANENT INJUNCTION

ELIZABETH D. LAPORTE, Magistrate Judge.

On August 20, 2012, the United States of America, by and through its attorneys, filed a Verified Complaint for Forfeiture In Rem ("Complaint") against the above-captioned articles. The articles proceeded against are articles of food within the meaning of the Federal Food, Drug, and Cosmetic Act ("the Act"), 21 U.S.C. § 321(f). The Complaint alleges...

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