United States v. 143 Packages Each Containing 3 Bottles of Nue-Ovo

LEAVY, District Judge.

This is a libel proceeding instituted by the United States of America under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., against 143 packages, more or less, each containing three bottles of a proprietary medicine called “NUE-OVO”, which were claimed by Research Laboratories, Inc., as being their property.

The method of labeling in this case was novel and unusual in practice. The sufficiency of the government’s libel of information was attacked by the intervenor herein on the ground that it did not state facts sufficient to show a…