UNITED STATES v. "CDC CAPSULES . . ."

No. 62 M 63.

204 F.Supp. 283 (1962)

UNITED STATES of America v. An article of Drug, etc. . . ., consisting of 40 CASES, etc. . . . "CDC CAPSULES . . . .", Cove Vitamin and Pharmaceutical, Inc.

United States District Court E. D. New York.

April 23, 1962.


Attorney(s) appearing for the Case

Milton A. Bass, New York City (Bass & Friend, New York City, of counsel) for claimant in support of Motion for Summary Judgment.

Martin Pollner, Adelphi, Md. (Joseph P. Hoey, U. S. Atty., of counsel), opposed.


DOOLING, District Judge.

Claimant moves for summary judgment on the ground that the libel charges that the misbranding of claimant's safflower oil and vitamin B-6 capsules consisted in representing that the product itself was efficacious as a weight reducing agent whereas, claimant contends, as a matter of indisputable fact the capsule was labelled only as a supplement for use with the CDC Weight Control Program.

It has been concluded, on an earlier motion...

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