UNITED STATES v. SULLIVAN

No. 121.

332 U.S. 689 (1948)

UNITED STATES v. SULLIVAN, TRADING AS SULLIVAN'S PHARMACY.

Supreme Court of United States.

Decided January 19, 1948.


Attorney(s) appearing for the Case

Robert L. Stern argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Quinn, Robert S. Erdahl and Irving S. Shapiro.

R.M. Arnold and J. Madden Hatcher argued the cause and filed a brief for respondent.


MR. JUSTICE BLACK delivered the opinion of the Court.

Respondent, a retail druggist in Columbus, Georgia, was charged in two counts of an information with a violation of § 301 (k) of the Federal Food, Drug, and Cosmetic Act of 1938. That section prohibits "the doing of any . . . act with respect to, a. . . drug . . . if such act is done while such article is held for sale after shipment in interstate commerce and results in such article being misbranded."

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