Alberty Food Products Co. v. United States

BONE, Circuit Judge.

Appellee filed a libel-under which it seized appellant’s drug here involved (33 bottles of Ri-Co Tablets) charging, therein that the' drug was “misbranded” in violation of 21 U.S.C.A. § 352(f) (1) of the Federal Food, Drug, and Cosmetic Act, referred to hereafter as the Act. The specific ground of. complaint was that the “labeling” of the drug failed to bear adequate directions for use since it did not state the purpose or condition for which the drug was intended. The only directions for use on the label attached to the bottle read as follows: “Three tablets with a cupful…