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UNITED STATES v. 11¼ DOZEN PACKAGES, ETC.

No. 567.

40 F.Supp. 208 (1941)

UNITED STATES v. 11¼ DOZEN PACKAGES OF ARTICLE LABELED IN PART MRS. MOFFAT'S SHOO FLY POWDERS FOR DRUNKENNESS.

District Court, W. D. New York.

June 17, 1941.

Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., and Joseph J. Doran, Asst. U. S. Atty., both of Buffalo, N. Y., for libellant.

Merwin, Paul, Lesswing & Hickman, of Buffalo, N. Y. (Wortley E. Paul and Louis Burman, both of Buffalo, N. Y., of counsel), for claimant.

KNIGHT, District Judge.

The libellant seeks condemnation of certain articles of alleged drug products described as "11¼ Dozen Packages of article labeled in part `Mrs. Moffat's Shoo Fly Powders for Drunkenness.'" Libel is brought under the provisions of the Federal Food, Drug and Cosmetic Act of June 25, 1938, Title 21 U.S.C.A. and is based upon the claim that the aforesaid articles are misbranded under subdivision...

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