Legal Opinion

United States v. John J. Fulton Co.

Court of Appeals for the Ninth Circuit

Decided July 1, 1929No. 5709PublishedCited by 5 opinions

1Opinion of the Court

DIETRICH, Circuit Judge.

Appellant filed a libel of information against 48 bottles of an article of drugs labeled in part “Fulton’s Compound RX 1,” and 24 bottles of another article of drugs labeled in part “Fulton’s Compound RX 2,” which it alleges Were shipped in interstate commerce from San Francisco to Seattle, and which it charges were misbranded, in violation of paragraph 3 of section 8 of the Food and Drugs Act, as amended (21 USCA § 10). By that provision it is declared that an article of drugs shall be deemed to be misbranded, “if its package or label shall bear or contain any…

2Cases cited1 opinion

  1. United States v. Ninety-Five Barrels, More or Less, Alleged Apple Cider Vinegar, Douglas Packing Co.Supreme Court of the United States · 1924

3Cited by5 opinions

  1. United States v. 7 Jugs, Etc., of Dr. Salsbury's RakosDistrict Court, D. Minnesota · 1944
  2. United States v. 10 Cartons, More or Less, Each Containing 26,332 Black Tablets of an Article of Drug Labeled in Part "Hoxsey"District Court, W.D. Pennsylvania · 1957
  3. United States v. Dr. David Roberts Veterinary Co.Court of Appeals for the Seventh Circuit · 1939
  4. Moretrench Corporation v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1942
  5. United States v. Diapulse Manufacturing Corp. of AmericaDistrict Court, D. Connecticut · 1967

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