Court of Appeals for the Fifth Circuit July 24, 1980, 78-1962 (United States v. Anderson Seafoods, Inc., Anderson Seafoods, Inc. v. Patricia Roberts Harris, Secretary of Health and Human Services)

WISDOM, Circuit Judge:

This appeal poses the question whether mercury in the tissues of swordfish is an “added substance” within the meaning of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 342(a)(1) (1975) (FDA), and is, therefore, subject to regulation under the relaxed standard appropriate to added substances. Only part of that mercury has been added by man.