United States v. Willard Tablet Co.

MAJOR, Circuit Judge.

The United States (libelant) instituted this proceeding for condemnation of a quantity of Willard’s Tablets shipped in interstate commerce on the ground that the labeling thereof was false, in violation of the Food, Drug, and Cosmetic Act, 21 U.S.C.A. §§ 352(a), 352(f), and the articles were therefore subject to seizure and confiscation (21 U.S.C.A. § 334). The claimant filed an answer to the government’s amended libel, setting up three affirmative defenses. The lower court sustained the claimant’s defense of res judicata, based upon a prior proceeding before the Federal…