UNITED STATES v. 143 PACKAGES EACH CONTAINING 3 BOTTLES OF NUE-OVO

No. 7408.

51 F.Supp. 1 (1943)

UNITED STATES v. 143 PACKAGES EACH CONTAINING 3 BOTTLES OF NUE-OVO (RESEARCH LABORATORIES, Inc., Intervener).

District Court, W. D. Washington, S. D.

August 26, 1943.


Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty. and Harry Sager, Asst. U. S. Atty., both of Tacoma, Wash., for libellant and plaintiff.

Eisenhower, Hunter & Ramsdell, of Tacoma, Wash., and Harry G. Hoy, of Portland, Or., for intervenor and defendant.


LEAVY, District Judge.

This is a libel proceeding instituted by the United States of America under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., against 143 packages, more or less, each containing three bottles of a proprietary medicine called "NUE-OVO", which were claimed by Research Laboratories, Inc., as being their property.

The method of labeling in this case was novel and unusual in practice. The sufficiency...

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