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U.S. v. BOWEN

No. 98-56126.

172 F.3d 682 (1999)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, v. John BOWEN, an individual dba Asepsis, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

Earnest J. Franceschi, Jr., Los Angeles, California, for the defendant-counter-claimant-appellant.

Deborah M. Autor, United States Department of Justice, Washington, D.C., for the plaintiff-counter-defendant-appellee.

Before: BROWNING, WIGGINS, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Defendant repairs the SteriSafe Handpiece Sterilizer (SteriSafe), which is used to sterilize dental handpieces. He also manufactures the SteriDot High Purity Water Ampule (SteriDot), an accessory used with SteriSafe. The government brought this action, claiming that both products are adulterated in violation of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. § 301 et seq., and that SteriDot also is misbranded in violation...

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