United States v. An Article of Drug Consisting of 4,680 Pails, More or Less, Each Pail Containing 60 Packets, Etc., Pfizer, Inc., Claimant-Appellant

RANDALL, Circuit Judge:

Claimant-appellant, Pfizer, Inc., appeals the district court’s grant of summary judgment in this seizure action instituted by the United States under section 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (1982). The district court held that Neo-Terramycin Soluble Powder Concentrate was adulterated within the meaning of 21 U.S.C. § 351(a)(5) (1982). We affirm.

I

It will first be useful briefly to outline the somewhat complicated statutory and regulatory scheme involved in this case. The Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392…