United States v. United States v. Article Consisting of 216 Individually Cartoned Bottles, More or Less, of an Article Labeled in Part: Sudden Change

OPINION AND ORDER

WEINSTEIN, District Judge.

Sudden Change is a lotion advertised to the public as providing a “Face Lift Without Surgery.” Its chief ingredient is bovine albumin. Allowed to dry on the skin, it leaves a film which (1) masks imperfections, making the skin look smoother and (2) acts mechanically to smooth and firm the skin by tightening the surface. Both effects are temporary. There is apparently no absorption by, or changes in, skin tissue resulting from its applications; it washes off.

The case turns on whether the government is correct in its contention that Sudden Change is,…