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UNITED STATES v. ARTICLE OF FOOD CONSISTING OF 432 CARTONS

No. 67 Civ. 5025.

292 F.Supp. 839 (1968)

UNITED STATES of America, Plaintiff, v. An ARTICLE OF FOOD CONSISTING OF 432 CARTONS, MORE OR LESS, each CONTAINING 6 INDIVIDUALLY WRAPPED CANDY LOLLIPOPS OF VARIOUS FLAVORS [ETC.], Defendant.

United States District Court S. D. New York.

October 1, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, for United States, by Simon P. Gourdine, Asst. U. S. Atty., New York City.

Sydney B. Schlessel, New York City, for claimant, A. Freed Novelty, Inc.

MANSFIELD, District Judge.

This is a libel for condemnation instituted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a), on the ground that the article of food seized was misbranded when introduced into interstate commerce. The complaint for forfeiture alleges that the labeling of the article is false or misleading and that therefore the food is misbranded under 21 U.S.C.A. § 343(a). Claimant, the owner of the goods, has admitted the...

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