Legal Opinion

United States v. Two Cases of Chloro-Naptholeum Disinfectant

District Court, D. Maryland

Decided June 22, 1914PublishedCited by 3 opinions

Libel by the United States against Two Cases of Chloro-Naptholeum Disinfectant. Verdict for the United States.

1Opinion of the Court

ROSE, District Judge.

This case arises out of a seizure under the tenth section of the Insecticide Act. The packages proceeded against .were labeled “Chloro-Naptholeum.” The libel says that such label constituted a misbranding. It charges that the words used conveyed, and were intended to convey, the meaning and impression that the article contained as an essential ingredient chlorine or chlor-napthol. Claimant admits that it did not.

[1] The allegation that the words were intended to convey a false meaning is immaterial. Absence of fraudulent intent on the part of the shipper is not a defense…

2Cases cited5 opinions

  1. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
  2. United States v. Thirty-Six Bottles of London Dry GinCourt of Appeals for the Third Circuit · 1914
  3. Libby v. United StatesCourt of Appeals for the Fourth Circuit · 1913
  4. United States v. Forty Barrels & Twenty Kegs of Coca-ColaDistrict Court, E.D. Tennessee · 1911
  5. United States v. Thirty Dozen Packages of Roach FoodDistrict Court, D. Maryland · 1913

3Cited by3 opinions

  1. McClanahan v. California Spray-Chemical Corp.Supreme Court of Virginia · 1953
  2. Braun v. Roux Distributing CompanySupreme Court of Missouri · 1958
  3. McClanahan v. California Spray-Chemical Corp.Supreme Court of Virginia · 1953

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