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UNITED STATES v. 2000 PLASTIC TUBULAR CASES, ETC.

Civ. No. 7549.

231 F.Supp. 236 (1964)

UNITED STATES of America v. "2000 PLASTIC TUBULAR CASES, MORE OR LESS, each containing 2 TOOTHBRUSHES and a Leaflet Labeled in Part: (Case) `Toothbrush Dr. Knox's Gumbrush Training Kit Conqueror of Gum Disease Trench Mouth Pyorrhea Two Brushes & Instructions * * * Cancer Seldom Occurs in a Mouth Correctly Brushed from Youth. * * * Knox Gumbrush Co. Shamokin, Pa.'" (Leaflet in Case) "Read before Using * * * Instructions * * *" and "500 Display Cards, Reading in Part: Did You Know the Toothbrush Was Misnamed? * * *"

United States District Court M. D. Pennsylvania.

June 25, 1964.

Attorney(s) appearing for the Case

Bernard J. Brown, U. S. Atty., Scranton, Pa., for libelant.

Claimant, pro se.

SHERIDAN, Chief Judge.

This is a motion by the United States, libelant, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The underlying case is a civil action in rem arising under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. wherein the Government seeks to condemn as misbranded while held for sale after shipment in interstate commerce 2,000 plastic tubular cases, each containing...

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