Scharf Bros. v. United States

DISSENTING OPINION

Bland, Judge:

I cannot agree with the conclusion reached by the majority that upon this record rock candy is not shown to be a medicinal preparation. It is difficult to understand from the opinion the exact reasons for reaching the conclusion that the imported merchandise is not a medicinal preparation. The opinion does not attempt to define a medicinal preparation.

The weight of the evidence clearly shows that rock candy, at the time of taking the testimony, was chiefly used in connection with other things for relief of throat irritation. No witness said that it was not…