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ALBERTY FOOD PRODUCTS CO. v. UNITED STATES

No. 12483.

185 F.2d 321 (1950)

ALBERTY FOOD PRODUCTS CO. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

November 20, 1950.

Attorney(s) appearing for the Case

George H. Hauerken, Cyril Viadro, and Hauerken & St. Clair, all of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., Edgar R. Bonsall, Asst. U. S. Atty., San Francisco, Cal., (Arthur A. Dickerman, Atty., U. S. Food & Drug Adm., Washington, D. C., of counsel), for appellee.

Before HEALY, BONE and POPE, Circuit Judges.

BONE, Circuit Judge.

Appellee filed a libel under which it seized appellant's drug here involved (33 bottles of Ri-Co Tablets) charging therein that the drug was "misbranded" in violation of 21 U.S.C.A. § 352(f) (1) of the Federal Food, Drug, and Cosmetic Act, referred to hereafter as the Act. The specific ground of complaint was that the "labeling" of the drug failed to bear adequate directions for use since it did not state the purpose or condition for which...

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