United Source One, Inc. v. US Department of Agriculture, No. 16-1209 (D.C. Cir. 2017)Annotate this Case
USI petitioned for review of the FSIS's determination that the packaging used by USI was misbranded under the Federal Meat Inspection Act of 1907 (FMIA), 21 U.S.C. 601 et seq., because its label included the FSIS inspection identification number of its supplier without the latter's permission. The D.C. Circuit denied the petition for review and held that FSIS's determination that USI's labeling was misleading was neither arbitrary nor capricious where the Administrator noted that the FSIS permits a re-boxer to use its supplier's establishment number only if the supplier consents to the practice, and USI had not provided document as requested, showing consent of the official establishment.