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UNITED STATES v. 47 BOTTLES, MORE OR LESS, ETC.

No. 14035.

320 F.2d 564 (1963)

UNITED STATES of America v. An Article of Drug Consisting of 47 BOTTLES, MORE OR LESS, Each Containing 30 Capsules of an Article Labeled in Part "* * * JENASOL RJ FORMULA `60' * * *" Marvin Schere, Doing Business as the Jenasol Company, Appellant.

United States Court of Appeals Third Circuit.

Decided July 16, 1963.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (Bass & Friend, New York City, on the brief), for appellant.

Vincent J. Commisa, Asst. U. S. Atty., Newark, N. J. (Herbert J. Miller, Asst. Atty. Gen., David M. Satz, Jr., U. S. Atty., Newark, N. J., William W. Goodrich, Asst. Gen. Counsel, and William R. Pendergast, Atty., Dept. of Health, Education & Welfare, on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

This is an appeal from an order of the court below entered February 21, 1962, directing the condemnation of a drug and enjoining the claimant, Marvin Schere, doing business as Jenasol Company (Jenasol), from re-introducing the drug into interstate commerce as labeled or as accompanied with certain labeling materials. The case arises under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301...

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