United States v. 1,638 Cases of Adulterated Alcoholic Beverages and Other Articles of Food, and K and L Distributors, Inc., Claimant-Appellant

K & L Distributors, Inc. brings this appeal from a judgment for the destruction of 1,638 cases of alcoholic beverages entered by the United States District Court for the District of Alaska under the authority of the Federal Food, Drug and Cosmetic Act (Act), 21 U.S.C. § 301 et seq. The district court stayed destruction of these articles pending appeal to this court. K & L asserts that the district court erred in ruling that appellant’s method of reconditioning the articles must be rejected in favor of the method approved by the Food and Drug Administration (FDA). Appellant also suggests that reconditioned articles should be released from seizure on the basis of sampling and that administrative tolerances should be applied to determine if articles should be released from seizure.

On November 11, 1974, a flood swept through the City of Nome, Alaska, caused by storm driven waves from the Bering Sea with the wind reaching speeds of 70 miles per hour. The flood waters caused extensive damage to the commercial district of Nome. Included in the commercial district is the Bering Sea Saloon, the location of the articles that are the subject of this controversy. The flood waters apparently…