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UNITED STATES v. 5 ONE-PINT BOTTLES, ETC.

9 F.Supp. 990 (1934)

UNITED STATES v. 5 ONE-PINT BOTTLES AND 23 ONE-GALLON BOTTLES, MORE OR LESS, OF ELIXIR TERPIN HYDRATE AND CODEINE. SAME v. 14 ONE-GALLON BOTTLES AND 4 ONE-PINT BOTTLES, MORE OR LESS, OF ELIXIR TERPIN HYDRATE AND CODEINE.

District Court, S. D. New York.

November 8, 1934.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Breed, Abbott & Morgan, of New York City (William L. Hanaway, of New York City, of counsel), for claimant.

PATTERSON, District Judge.

The Food and Drugs Act provides that any food or drug adulterated or misbranded as defined in the act and shipped in interstate commerce shall be liable to seizure and forfeiture by proceedings analogous to proceedings in admiralty. By the act, a drug is to be deemed adulterated if it is sold under a name recognized in the United States Pharmacopoeia or National Formulary and if it differs from the standard of strength, quality, or purity...

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