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UNITED STATES v. NYSCO LABORATORIES, INC.

No. 384, Docket 28171.

318 F.2d 817 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. NYSCO LABORATORIES, INC., and Eugene J. Yoss, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided June 7, 1963.

Attorney(s) appearing for the Case

Solomon H. Friend, of Bass & Friend, New York City, for defendants-appellants.

Martin R. Pollner, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., and Alvin L. Gottlieb and Joanne S. Sisk, Attys., Dept. of Health, Education, and Welfare, Washington, D. C., on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and ZAVATT, District Judge.

PER CURIAM.

The appellants attack an order of Judge Bruchhausen enjoining them, pursuant to § 302(a) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 332 (a), from shipping in interstate commerce a drug containing phenylpro-panolamine hydrochloride. The labeling of the drug suggested that its ingredient is adequate and effective in weight reduction and appetite control. But these representations were found to be false and misleading under § 502...

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