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UNITED STATES v. 4 CASES * * * SLIM-MINT CHEWING GUM

No. 13370.

300 F.2d 144 (1962)

UNITED STATES of America, Libellant-Appellant, v. 4 CASES * * * SLIM-MINT CHEWING GUM, Thompson Medical Company, Claimant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 9, 1962.

Attorney(s) appearing for the Case

James P. O'Brien, U. S. Atty., Chicago, Ill., William W. Goodrich, U. S. Dept. of Health, Education & Welfare, Washington, D. C., Thomas W. James, Asst. U. S. Atty., Chicago, Ill., William J. Risteau, Atty., Dept. of Health, Education, and Welfare, Washington, D. C., for appellant.

Joshua Levine, New York City, George M. Burditt, Chicago, Ill. (C. Lee Cook, Jr., Snyder, Chadwell, Keck, Kayser, & Ruggles, Chicago, Ill., Patricia Hatry, Davis, Gilbert, Levine & Schwartz, New York City, of counsel), for claimant-appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KNOCH, Circuit Judge.

The government brought this action in rem under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334, to condemn Slim-Mint Chewing Gum allegedly misbranded in violation of the Act, 21 U. S.C.A. § 352(a), which provides that a drug shall be deemed misbranded:

"If its labeling is false or misleading in any particular."

The libel of information refers to:

[T]he following described articles of written...

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