Legal Opinion

Eleven Gross Packages v. United States

Court of Appeals for the Third Circuit

Decided May 22, 1916No. 2080PublishedCited by 7 opinions

In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Libel by the United States of America against Eleven Gross Packages, More or Less, óf Dr. Williams’ Pink Pills, claimed by the Dr. Williams Medicine Company. There was a decree of forfeiture, and claimant brings error.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

In tire court below the United States filed a libel to forfeit certain packages of pills. Thereupon the Dr. Williams Medicine Company claimed the packages seized, answered the libel, and the case proceeded to trial. After a verdict for the plaintiff and a decree of forfeiture, the claimant sued out this writ.

[1] The claim of forfeiture is based on an alleged misbranding of the packages of pills in violation of an amendment to the Food and Drugs Act, passed August 23, 1912, which provides:

“That for the purposes of this act an article shall also be deemed to be…

2Cases cited2 opinions

  1. Cooper v. SchlesingerSupreme Court of the United States · 1884
  2. Lehigh Zinc and Iron Company v. BamfordSupreme Court of the United States · 1893

3Cited by7 opinions

  1. United States v. 7 Jugs, Etc., of Dr. Salsbury's RakosDistrict Court, D. Minnesota · 1944
  2. United States v. Dr. David Roberts Veterinary Co.Court of Appeals for the Seventh Circuit · 1939
  3. United States v. Chichester Chemical Co.Court of Appeals for the D.C. Circuit · 1924
  4. United States v. 11¼ Dozen Packages of Article Labeled in Part Mrs. Moffat's Shoo Fly Powders for DrunkennessDistrict Court, W.D. New York · 1941
  5. Dr. J. H. McLean Medicine Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1918

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