United States v. Ellis Research Laboratories, Inc., and Robert W. Ellis, an Individual

HASTINGS, Chief Judge.

The United States instituted an action against defendants, Ellis Research Laboratories, Inc. and Robert W. Ellis. By its complaint, it sought to enjoin defendants under the Federal Food, Drug, and Cosmetic Act 1 from shipping in interstate commerce a misbranded device intended for use in the diagnosis of disease. After entering findings of fact and conclusions of law, the district court enjoined defendants from introducing the device into interstate commerce when accompanied by the written, printed or graphic matter that was found to be false and misleading. Defendants…