United States v. Diapulse Manufacturing Corp. of America

RULING ON MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND FOR A NEW TRIAL

BLUMENFELD, District Judge.

This is an in rem action against a device which the Government alleged was misbranded. Pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 334(a) and (b) (Supp.1965), the Food and Drug Administration seized one “Diapulse” machine, and filed a libel of information against it in the United States District Court for the Northern District of Georgia. The libel alleged that the machine was misbranded, i. e., that the labeling of the device was “false or misleading in any…