United States v. Buffalo Pharmacal Co.

SWAN, Circuit Judge.

The appellant was prosecuted, together with Buffalo Pharmacal Company, Inc., a New York corporation of which he was general manager, for violations of section 301(a) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 331(a). Three counts of the informations were submitted to the jury. The first count was based on an interstate shipment on October 2, 1939, of a bottle of cascara compound which was charged to be misbranded, 21 U.S.C.A. § 352(a) ; the other two counts related to an interstate shipment on January 9, 1940, of a bottle of digitalis tablets, one of the…