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UNITED STATES v. ARTICLE OF DRUG LABELED DECHOLIN

Civ. A. No. 24029.

264 F.Supp. 473 (1967)

UNITED STATES of America, Libelant, v. An ARTICLE OF DRUG consisting of approximately 69 100-tablet bottles, 2 500-tablet bottles and 2 1000-tablet bottles, LABELED in part: (Btl.) "—DECHOLIN—Each tablet contains Dehydrocholic Acid 250 mg. (3¾ grains) —Ames Company, Inc., Elkhart, Indiana —Indications: Indigestion—After Meal Discomfort and Fullness—Excessive Belching—Constipation—Control No.—" and Miles Laboratories, Inc. (as successor to Ames Company, Inc.), Claimant.

United States District Court E. D. Michigan, S. D.

February 10, 1967.

Attorney(s) appearing for the Case

Walter E. Byerley, Dept. of Health, Education & Welfare, Food and Drug Division, Washington, D. C., Milton J. Trumbauer, Asst. U. S. Atty., Detroit, Mich., for libelant.

Bruce J. Brennan, Washington, D. C., John B. Buckley, Elkhart, Ind., John K. Worley, Detroit, Mich., for claimant.

OPINION

FREEMAN, District Judge.

These cross motions for summary judgment, pressed by the United States and the claimant, present significant questions of first impression under the 1951 amendment to the Federal Food, Drug and Cosmetic Act.

The Government commenced the case by filing a libel of information for condemnation of seventy-three packages bearing appproximately ten thousand tablets, each of...

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