United States v. Article of Device Labeled in Part

SWEIGERT, District Judge.

This matter is before the Court upon a motion by claimant, Elizabeth Blumenthal, to dismiss the libel or in the alternative, for return of the property pending trial.

The amended libel, filed under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 21 U.S.C.A. § 301 et seq., alleges that the property here involved, a device known as 110 V Vapozone, is a device within the meaning of Sec. 321(h); that it was shipped from Karlsruhe, Germany to San Francisco; that it was accompanied by six promotional leaflets intended to be used to promote the sale thereof…