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UNITED STATES v. ARTICLE CONSISTING OF 36 BOXES, ETC.

No. 1873.

284 F.Supp. 107 (1968)

UNITED STATES of America, Libelant, v. An ARTICLE CONSISTING OF 36 BOXES, MORE OR LESS, etc.; LABELED in Part: "LINE AWAY, TEMPORARY WRINKLE SMOOTHER, COTY", etc. Chas. Pfizer & Co., Inc., Claimant.

United States District Court D. Delaware.

April 23, 1968.

Attorney(s) appearing for the Case

Alexander Greenfeld, U. S. Atty., Wilmington, Del., for libelant.

Thomas S. Lodge, Connolly, Bove & Lodge, Wilmington, Del., for claimant, William F. Weigel, Marie V. Driscoll, Rogers, Hoge & Hills, New York City, of counsel.

OPINION

STEEL, District Judge.

This civil in rem seizure action was instituted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (1964) by the United States against 36 bottles of "Line Away Temporary Wrinkle Smoother" and labels and leaflets pertaining to it. The Act authorizes the United States to bring a libel against any misbranded drug using the channels of interstate commerce. It likewise authorizes the United States...

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