United States v. Lee

DUFFY, District Judge.

This is a civil action wherein the plaintiff seeks an injunction against the defendant under the provisions of the Federal Food, Drug, and Cosmetic Act, § 332, U.S.C.A. Title 21, for alleged violation of § 331(a), (b), and (k), Title 21, U.S.C.A. for shipment of misbranded articles of drug, as defined by § 352(a) and (e), Title 21, U.S.C.A.

At the pre-trial conference herein, the parties entered into a stipulation, for the purpose of clarifying the issues, that prior to the trial of this action, the court should determine whether plaintiff’s complaint, paragraphs 15 to 24…