United States v. Cartoned Bottles

ANDERSON, Circuit Judge:

This is an appeal in a seizure action from an order of the United States District Court for the Eastern District of New York entered on July 30, 1968, denying the Government’s motion for summary judgment and granting summary judgment for the claimant. The seizure concerned 216 bottles of a cosmetic product called “Sudden Change” which is a clear liquid lotion consisting primarily of two ingredients: bovine albumen (15%) and distilled water (over 84%). It is meant to be applied externally to the surface of the facial skin, and it is claimed, inter alia,, in its labeling…