United States v. 8 Cartons, Containing "Plantation 'The Original' Etc., Molasses."

BURKE, District Judge.

This is a motion by the claimant, the publisher of the book “Look Younger, Live Longer” by Gayelord Hauser, and the owner of 25 copies of the book seized by the Government, to dismiss the amended libel in so far as it relates to the seized copies of the book, on the ground that the amended libel in so far as it relates to the books fails to state a claim upon which relief can be granted under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The claim is that the book did not and does not constitute “labeling” within the meaning of the Act. Heretofore,…