Legal Opinion
United States v. Five Cases, Each Containing One Demijohn Five-Gallon Size, of Capon Springs Water
Court of Appeals for the Second Circuit
Decided July 17, 1946No. 286, Docket 20180PublishedCited by 8 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
This is a libel in rem brought under the Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., based upon the alleged misbranding of “Capon Springs Water.” The District Court dismissed the libel upon defenses of res judicata based upon two prior proceedings. The “Capon Springs Water” was alleged to be misbranded because of the following statement which appears on the bottle labels:
“Rebuilds as it Cleanses * * *
“The Indians Called It Ca-Ca-Pa-On— 'Health Water’ * * *
“Known to physicians as alkaline, because it contains by nature those elements needed to…
2Cases cited5 opinions
- The Evergreens v. NunanCourt of Appeals for the Second Circuit · 1944
- United States v. Willard Tablet Co.Court of Appeals for the Seventh Circuit · 1944
- George H. Lee Co. v. Federal Trade CommissionCourt of Appeals for the Eighth Circuit · 1940
- United States v. Ninety-Four Dozen, More or Less, Half-Gallon Bottles Capon Springs WaterDistrict Court, E.D. Pennsylvania · 1930
- United States v. 94 Dozen, More or Less, Half-Gallon Bottles Capon Springs WaterCourt of Appeals for the Third Circuit · 1931
3Cited by8 opinions
- Farmington Dowel Products Co. v. Forster Mfg. Co., Inc.Court of Appeals for the First Circuit · 1970
- United States v. 42 Jars, More or Less, of an Article of Drug Labeled in Part "Bee Royale Capsules". Appeal of Bee Royale, IncCourt of Appeals for the Third Circuit · 1959
- United States v. KaadtCourt of Appeals for the Seventh Circuit · 1948
- United States v. 3963 BottlesCourt of Appeals for the Seventh Circuit · 1959
- United States v. VARIOUS QUANTITIES OF ARTICLES OF DRUG LABELEDDistrict Court, District of Columbia · 1949
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