United States v. Articles of Drug

McMILLIAN, Circuit Judge.

Midwest Pharmaceuticals, Inc., Steven F. Sommers and Robert S. Leibert (collectively referred to as Midwest) appeal from a final judgment entered in the District Court for the District of Nebraska condemning as “misbranded” certain drug products seized from Midwest in April 1984. The district court held that the Midwest drugs were imitations of other drugs in violation of 21 U.S.C. §§ 331(b), 352(i)(2)1 and enjoined Midwest under 21 U.S.C. § 332(a)2 from selling or marketing any drug product similar in appearance and in effect to drugs seized in April 1984 by the Food…