United States v. Seven Cartons, More or Less, Each Containing 12 Bags, Labeled in Part (Carton): "Ferro-Lac Swine Formula Concentrate," Etc.

The United States seized seven cartons of Ferro-Lac, alleging in a libel that the Ferro-Lac was unlawfully shipped by reason of (1) its being a new drug, (2) its containing unsafe food additives, and (3) its being misbranded. Claimant, Naremco, Inc., concedes that a finding in favor of the government on any one of the three charges is sufficient to result in condemnation of the product.

The district court, on motion for summary judgment, decided in favor of the government on both (1) and (2). Judge Morgan’s opinion is reported, United States v. 7 Cartons, More or Less, Etc. (S.D.Ill., 1968),…