United States v. Undetermined Quantities of an Article of Drug Labeled as "Exachol"

OPINION

SWEET, District Judge.

Plaintiff the United States Federal Food and Drug Administration (“the FDA”) moves for summary judgment pursuant to Rule 56, Fed.R.Civ.P. against defendant U.S. Health Club, Inc. (“Health Club”) seeking to condemn the seized Exachol as a misbranded and unapproved new drug. Because Exachol is entitled to be considered under the Health Claims for Food Policy, the motion for summary judgment is denied.

The Parties

The FDA is an agency of the United States Government. It develops regulations and information programs and conducts research required to ensure the…