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UNITED STATES v. ONE DEVICE, MORE OR LESS, ETC.

No. 54 of 1962.

224 F.Supp. 265 (1963)

UNITED STATES of America v. An Article of Device, Consisting of ONE DEVICE, MORE OR LESS, Labeled in part: "* * * THE ELLIS MICRO-DYNAMETER" etc.

United States District Court E. D. Pennsylvania.

December 2, 1963.

Attorney(s) appearing for the Case

Drew J. T. O'Keefe, by J. Shane Creamer, Asst. U. S. Atty., Philadelphia, Pa., for libelant.

Jacob S. Richman, Samson B. Bernstein, Philadelphia, Pa., for claimant.

LUONGO, District Judge.

This is a suit under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq. (hereinafter referred to as Act. Section number references will be to U.S.C.A. section numbers.) The United States filed a libel in rem (§ 334) seeking to condemn as misbranded (§ 352 (a) and § 352(f)) a certain article of device known as an Ellis Micro-Dynameter. George Morris, a chiropractor, from whom the device was seized...

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