United States v. Articles of Drug ... Promise Toothpaste for Sensitive Teeth

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

In this action the United States proceeds on libel of information against several cartons of toothpaste, and seeks injunctive relief against the manufacturer, Block Drug Company, Inc. (“Block”), and its officers Leonard N. Block and James A. Block. Block has filed a claim in the in rem proceeding. The toothpaste, by combining two active ingredients, is intended to combat both caries and dentinal hypersensitivity. This particular combination of active ingredients apparently has never been marketed before, and the United States alleges…