Legal Opinion

United States v. 38 DOZEN BOTTLES, ETC.

District Court, D. Minnesota

Decided September 4, 1953No. Civ. A. 2317PublishedCited by 7 opinions

1Opinion of the Court

BELL, District Judge.

This is a seizure action brought under Section 304(a) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334(a). It was begun by the filing of a libel of information charging that the seized article was a drug which had been shipped in interstate commerce by the Rhodes Pharmacal Company of Cleveland, Ohio, and that the article was misbranded while in interstate commerce under 21 U.S.C.A. § 352(f)(1) by reason of the failure of its labeling' to bear adequate directions for use. The charges arise out of the following facts.

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2Cases cited9 opinions

  1. Charles of the Ritz Distributors Corp. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1944
  2. Aronberg v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1942
  3. United States v. 88 Cases, More or Less, Containing Bireley's Orange BeverageCourt of Appeals for the Third Circuit · 1951
  4. United States v. 46 CARTONS, ETC.District Court, D. New Jersey · 1953
  5. United States v. 62 Packages, More or LessDistrict Court, W.D. Wisconsin · 1943

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3Cited by7 opinions

  1. Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
  2. Sears, Roebuck and Co. v. Allstate Driving School, Inc.District Court, E.D. New York · 1969
  3. United States v. Articles of DrugCourt of Appeals for the Fifth Circuit · 1980
  4. National Association of Pharmaceutical Manufacturers and National Pharmaceutical Alliance v. Food and Drug AdministrationCourt of Appeals for the Second Circuit · 1981
  5. United States v. AN ARTICLE OF FOOD, ETC.District Court, E.D. New York · 1974

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