United States v. Undetermined Quantities of Bottles of an Article of Veterinary Drug

HOLLOWAY, Circuit Judge.

This case requires us to decide whether a compound sold as an internal pet “deodorant,” whose only active ingredient is the antibiotic chlortetracycline, is a “drug” as defined by the Federal Food, Drug, and Cosmetic Act (“FDCA” or the Act), 21 U.S.C. §§ 301, et seq. The United States brought this appeal from a grant of summary judgment to the defendant-claimant-appellee, Pets Smellfree, Inc. (“PSF”).

I

Pets Smellfree (“Smellfree”) is a food additive for animals which purports to diminish pet odors. Its only active ingredient is chlor-tetracycline calcium complex…