Legal Opinion
United States v. ARTICLE OF DRUG, ETC.
District Court, D. Maryland
Decided January 14, 1971No. Civ. A. 15530PublishedCited by 4 opinions
1Opinion of the Court
NORTHROP, Chief Judge.
This is an in rem civil seizure action against a quantity of Helene Curtis “Magic Secret” skin lotion which has as its purpose the smoothing of facial wrinkles. The central issue in these proceedings is whether the article seized is a “drug” within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and therefore sub ject to the regulatory provisions of the statute applicable to drugs, 21 U.S.C. §§ 351 and 352, or whether the article is only a “cosmetic” and thus subject to the requirements applicable to cosmetics, 21 U.S.C. §§ 361 and 362.
The…
2Cases cited3 opinions
- United States v. 354 BULK CARTONS, ETC.District Court, D. New Jersey · 1959
- United States v. Article Consisting of 36 Boxes, More or LessDistrict Court, D. Delaware · 1968
- United States v. United States v. Article Consisting of 216 Individually Cartoned Bottles, More or Less, of an Article Labeled in Part: Sudden ChangeDistrict Court, E.D. New York · 1968
3Cited by4 opinions
- Federal Trade Commission, Plaintiff-Appellant-Cross-Appellee v. Pantron I Corporation, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1994
- Kerr v. CommissionerUnited States Tax Court · 1962
- Bentex Pharmaceuticals, Inc. v. RichardsonCourt of Appeals for the Fourth Circuit · 1972
- Bentex Pharmaceuticals, Inc. v. RichardsonCourt of Appeals for the Fourth Circuit · 1972