UNITED STATES v. 60 CARTONS, ETC.

Civ. A. No. 3962.

91 F.Supp. 329 (1950)

UNITED STATES v. 60 CARTONS, MORE OR LESS, EACH CONTAINING A CIRCULAR ENTITLED, "REDUCE, RELAX, REJUVENATE," etc.

United States District Court N. D. Texas, Dallas Division.

June 9, 1950.


Attorney(s) appearing for the Case

Frank B. Potter, United States District Attorney, Fort Worth, Tex., O. Morris Harrell, Assistant United States District Attorney, Dallas, Tex., for complainants.

John N. Harris, Jr., Dallas, Tex., for intervenor.


ATWELL, Chief Judge.

This libel was filed on May 3rd, 1950, under the Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq., while the articles were in possession of A. Harris & Company.

Libellants allege that they are intended for use in the diagnosis, cure, mitigation, treatment, or, prevention of disease in man and to affect the structure or function of the body, and are devices within the meaning of Sec. 321(h), Title 21 of the United States...

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