Legal Opinion
United States v. an Article of Device ... Diapulse
Court of Appeals for the Seventh Circuit
Decided June 10, 1981No. 80-1904, 80-1905 and 80-1939PublishedCited by 9 opinions
1Opinion of the Court
CUMMINGS, Circuit Judge.
These appeals arose from two civil seizures under Section 304(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 334(a)) to condemn two identical medical devices known as “Diapulse” devices. 1 The Government, on behalf of the Food and Drug Administration (FDA), alleged that the devices were misbranded within the meaning of 21 U.S.C. §§ 352(a) and 352(f)(1) in that they were ineffective for the claims contained in their labeling and failed to bear adequate directions for their use. At the outset of the trial in December 1977, 2 the claimant, Dr. Henry Niemeyer,…
2Cases cited11 opinions
- United States v. Diapulse Corporation of America, Also Known as the Diapulse Manufacturing Corporation of America, a CorporationCourt of Appeals for the Second Circuit · 1972
- Orthopedic Equipment Co., Incorporated v. Dennis EutslerCourt of Appeals for the Fourth Circuit · 1960
- United States v. Allan Drug Corporation, (Two Cases)Court of Appeals for the Tenth Circuit · 1966
- United States of America, Libelant-Appellee v. An Article of Device . . . Diapulse Manufacturing Corporation of America, Claimant-AppellantCourt of Appeals for the Second Circuit · 1968
- United States v. Article or Device "Hubbard Electrometer"District Court, District of Columbia · 1971
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Public Citizen Health Research Group v. Commissioner, Food & Drug Administration, and Aspirin Foundation of America, IncCourt of Appeals for the D.C. Circuit · 1984
- Pearson v. ShalalaDistrict Court, District of Columbia · 1998
- United States v. An Article of Device ... Diapulse, Etc., Appeal of Henry J. Niemeyer, M.D.Court of Appeals for the Seventh Circuit · 1985
- United States v. Diapulse Corp. of AmericaCourt of Appeals for the Second Circuit · 1984
- United States v. Articles of DrugDistrict Court, D. Nebraska · 1986
4 more not listed; retrieve them via the Exa API.