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UNITED STATES v. 42 JARS, ETC.

Civ. A. No. 1212-57.

160 F.Supp. 818 (1958)

UNITED STATES of America, Libellant, v. 42 JARS . . . "BEE ROYALE CAPSULES * * *", Claimant.

United States District Court D. New Jersey.

April 11, 1958.

Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., Newark, N. J., by Jerome D. Schwitzer, Asst. U. S. Atty., Asbury Park, N. J., for libellant.

Platoff, Platoff & Heftler, Union City, N. J., Bass & Friend, New York City, of counsel, for claimant.

HARTSHORNE, District Judge.

Under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. A. § 334(a),1 the libellant seized 42 jars of what are called "Bee Royale Capsules", as a drug which was misbranded, while held for sale after shipment in interstate commerce, within the meaning of the statute (21 U.S.C.A. § 352(f) (1)),2 in that its labeling did not set forth the claimed conditions...

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