United States v. Article of Drug

Defendant appeals from an order condemning his property, a shipment of a prescription drug,1 under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. The lower court condemned the shipment because the defendant’s production procedure violated the “current good manufacturing practice” (GMP) provision of the Act, 21 U. S.C. § 351(a)(2)(B). Appellant contends that that provision is unconstitutional under the Due Process Clause of the Fifth Amendment because of its alleged vagueness.

*749The GMP provision stems from congressional concern over the danger that dangerously impure drugs…