United States v. An Article of Device ... Diapulse, Etc., Appeal of Henry J. Niemeyer, M.D.

FAIRCHILD, Senior Circuit Judge.

Claimant, Dr. Henry J. Niemeyer, M.D., appeals from an order of the district court affirming the Food and Drug Administration’s (FDA) refusal to accept claimant’s proposed relabeling of two previously condemned “Diapulse” devices. 1 We affirm.

This matter 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 Diapulse devices. The first device was seized from claimant’s medical offices on February 26, 1973; the second on February 3,1975. The two cases were consolidated for…