Legal Opinion

United States of America, Libellant-Appellant v. 4 Cases Slim-Mint Chewing Gum, Thompson Medical Company, Claimant-Appellee

Court of Appeals for the Seventh Circuit

Decided April 9, 1962No. 13370PublishedCited by 7 opinions

1Opinion of the Court

KNOCH, Circuit Judge.

The government brought this action in rem under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334, to condemn Slim-Mint Chewing Gum allegedly misbranded in violation of the Act, 21 U. S.C.A. § 352(a), which provides that a drug shall be deemed misbranded:

“If its labeling is false or misleading in any particular.”

The libel of information refers to:

[T]he following described articles of written, printed and graphic matter which accompany said article of drug as labeling and which contain statements relating thereto, namely:

A newspaper mat reading “Eat What You Want…

2Cases cited14 opinions

  1. Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
  2. Indamer Corporation v. C. H. CrandonCourt of Appeals for the Fifth Circuit · 1954
  3. Irvin Jacobs & Co. v. Fidelity & Deposit Co. Of MarylandCourt of Appeals for the Seventh Circuit · 1953
  4. United States v. Certain Parcels of Land in Rapides ParishCourt of Appeals for the Fifth Circuit · 1945
  5. Commercial Credit Corp. v. PepperCourt of Appeals for the Fifth Circuit · 1951

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Alcon Laboratories, Etc.Court of Appeals for the First Circuit · 1981
  2. United States v. an Article of Drug Consisting of 250 JarsDistrict Court, E.D. Michigan · 1963
  3. United States v. An Article Of DeviceCourt of Appeals for the Seventh Circuit · 1984
  4. Edward Krock v. Electric Motor & Repair Company, Inc.Court of Appeals for the First Circuit · 1964
  5. United States v. An Article of DeviceCourt of Appeals for the Seventh Circuit · 1984

2 more not listed; retrieve them via the Exa API.

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