Legal Opinion

United States v. Articles of Drug Consisting of Undetermined Quantities of Drugs Containing Caffeine, Ephedrine, Ephedrine Sulfate, Phenylpropanolamine HCL, Doxylamine Succinate

Court of Appeals for the Eighth Circuit

Decided November 27, 1989No. 88-2535PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Midwest Pharmaceuticals, Inc., appeals from a district court order permanently enjoining Midwest from selling, advertising, or marketing specified “look-alike” drug products. In an earlier appeal of this case, we remanded to the district court1 to revise its injunction to identify the specific drug products which Midwest is prohibited from selling or marketing, and the specific marketing techniques which Midwest may not employ. Midwest now argues that the injunction, as modified on remand, is overly broad because it is prevented from employing different marketing…

2Cases cited5 opinions

  1. United States v. 3 Cartons, More or Less, "No. 26 Formula GM"District Court, S.D. California · 1952
  2. United States v. Articles of DrugCourt of Appeals for the Eighth Circuit · 1987
  3. United States v. Vitasafe Corp.Court of Appeals for the Third Circuit · 1965
  4. United States v. Articles of DrugDistrict Court, D. Nebraska · 1984
  5. United States v. Articles of DrugDistrict Court, D. Nebraska · 1986

3Cited by1 opinion

  1. United States v. Articles of Drug Consisting of Undetermined Quantities of Drugs Containing Caffeine, Ephedrine, Ephedrine Sulfate, Phenylpropanolamine Hcl, Doxylamine Succinate, or Any Combination of Those Ingredients, or Any Other Ingredients or Combination of Ingredients in Tablet, Capsule or Other Form, in Any Strength, Color, Shape or Size, in Any Size Container or in Bulk, Labeled or Unlabeled, the Appearance of Which Imitates, or Allows It to Be Sold or Marketed So as to Imitate Any Other Drug, Including but Not Limited to Drug Products Having the Following Physical Characteristics Small Pink, Purple, or White Heart Shaped Tablets Etc. In the Possession Of, Midwest Pharmaceuticals, Inc., Omaha, Nebraska, United States of America v. Midwest Pharmaceuticals, Inc. A/K/A B & S Distributors, Steven F. Sommers, Robert S. LeibertCourt of Appeals for the Eighth Circuit · 1989

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