United States v. Western Serum Co.

KENNEDY, Circuit Judge:

Appellant Western Serum is a manufacturer of veterinary drugs. The United States instituted an enforcement action under the Federal Food, Drug and Cosmetic Act of 1938, 21 U.S.C. §§ 301-392 (1976) (herein “the Act”), seeking to enjoin Western Serum from distributing eleven of its drug products.

On the Government’s motion for summary judgment, the requested injunction was granted.1 Western Serum and its agents were “permanently restrained and enjoined from directly or indirectly introducing” any of the eleven drugs into interstate commerce, until a new drug application…