Legal Opinion

United States v. 1,048,000 CAPSULES, MORE OR LESS, ETC.

District Court, S.D. Texas

Decided August 17, 1972No. Civ. A. 66-H-781PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

CARL O. BUE, Jr., District Judge.

This is a seizure action brought under § 304 of the Federal Food, Drug & Cosmetic Act, 21 U.S.C. § 334, to condemn approximately 33,000 capsules of the drug Afrodex. The libel of information, filed on November 14, 1966, alleges that the capsules were misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce. Section 304 of the Act authorizes the seizure and condemnation of any misbranded drug when introduced into or while held for sale after shipment in interstate commerce.

Pursuant to Monition,…

2Cases cited15 opinions

  1. Kordel v. United StatesSupreme Court of the United States · 1948
  2. United States v. 41 Cases, More or Less, Etc., Naremco, Inc., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1970
  3. United States v. UrbuteitSupreme Court of the United States · 1948
  4. United States v. Allan Drug Corporation, (Two Cases)Court of Appeals for the Tenth Circuit · 1966
  5. Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1968

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3Cited by9 opinions

  1. United States v. Articles of Drug Consisting of the Following: 5,906 Boxes, Etc., United States of America v. Alcon Laboratories (Puerto Rico), Inc.Court of Appeals for the First Circuit · 1984
  2. United States v. X-Otag Plus TabletsDistrict Court, D. Colorado · 1977
  3. United States v. Articles of DrugCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. 1,048,000Court of Appeals for the Fifth Circuit · 1974
  5. Lamb County Electric Cooperative, Inc. v. Public Utility Commission, Texas Court of Appeals, 3rd District (Austin)2008

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