UNITED STATES v. 84 CARTONS, MORE OR LESS, ETC.

Civ. No. 35559.

186 F.Supp. 324 (1960)

UNITED STATES of America v. 84 CARTONS, MORE OR LESS, OF AN ARTICLE OF DRUG LABELED IN PART: "FEMICIN A NEW SCIENTIFIC COMPOUND," Etc. Parties in interest: Thayer Laboratories, Inc., et al., Consignor.

United States District Court N. D. Ohio, E. D.

September 1, 1960.


Attorney(s) appearing for the Case

George W. Morrison, Asst. U. S. Atty., Cleveland, Ohio, for the United States.

Fred H. Mandel, Cleveland, Ohio, Bernstein & Kleinfeld, Washington, D. C., for claimant.


KALBFLEISCH, District Judge.

This is an action in rem involving the alleged misbranding of an article called "Femicin." The libel alleges that the article was misbranded when introduced into and while in interstate commerce, within the meaning of 21 U.S.C.A. § 352 (a) and 352(f) (1) and (2). The drug was seized in this district under authority of the Food and Drug Act, 21 U.S.C.A. § 301 et seq.

The manufacturer and claimant herein, Thayer Laboratories...

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