Interstate Cigar Co. v. United States

OPINION

HODGES, Judge.

Plaintiffs sue for damages resulting from a seizure of 6,058 bottles of the pharmaceutical drug Midrin from plaintiffs’ warehouse during a criminal investigation. The Government retained all 6,058 bottles past the expiration date, rendering the drug worthless. Plaintiffs seek to recover the fair market value of the Midrin.

We cannot find that plaintiffs were innocent purchasers who were not knowledgeable of the drug diversion scheme. The Government demonstrated valid reasons to keep the Midrin pursuant to its exercise of police power. If plaintiffs could have prevailed…