Legal Opinion
United States v. An Article of Drug Consisting of 47 Bottles
District Court, D. New Jersey
Decided August 15, 1960No. Civ. A. No. 1042-58PublishedCited by 4 opinions
1Opinion of the Court
WORTENDYKE, District Judge.
This action is under the Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., upon a libel of information charging misbranding of an article of drug. 21 U.S.C.A. § 352(a). Claimant’s answer denies misbranding, and also affirmatively pleads that a prior proceeding in the Post Office Department, under 39 U.S.C. A. § 259, was settled by claimant’s affidavit of July 17, 1957, the effect of which, claimant contends, was to ratify the marketing of claimant’s product upon condition that specified changes be made in the language of the circular material accompanying the…
2Cases cited9 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brown v. United StatesSupreme Court of the United States · 1958
- Arndstein v. McCarthySupreme Court of the United States · 1920
- McCarthy v. ArndsteinSupreme Court of the United States · 1923
- United States v. 42 Jars, More or Less, of an Article of Drug Labeled in Part "Bee Royale Capsules". Appeal of Bee Royale, IncCourt of Appeals for the Third Circuit · 1959
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3Cited by4 opinions
- Charles P. Campbell, Jr., and Elizabeth M. Burke Campbell v. Arthur W. Gerrans, Edward Dennis, and Doe I, Through XCourt of Appeals for the Ninth Circuit · 1979
- 10-Dix Building Corp. v. McDannelAppellate Court of Illinois · 1985
- Alioto v. HoltzmanDistrict Court, E.D. Wisconsin · 1970
- Dickstein v. LiboroFairfax County Circuit Court · 1989