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UNITED STATES v. BACTO-UNIDISK

No. 343.

394 U.S. 784 (1969)

UNITED STATES v. AN ARTICLE OF DRUG . . . BACTO-UNIDISK . . . .

Supreme Court of United States.

Decided April 28, 1969.

Attorney(s) appearing for the Case

Lawrence G. Wallace argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Vinson, Beatrice Rosenberg, Ronald L. Gainer, and William W. Goodrich.

Edward Brown Williams argued the cause and filed a brief for respondent.

MR. CHIEF JUSTICE WARREN delivered the opinion of the court.

At issue here is the scope of the statutory definition of drug contained in the Federal Food, Drug, and Cosmetic Act and the extent of the Secretary of Health, Education, and Welfare's regulatory authority under that definition. The specific item involved in this definitional controversy is a laboratory aid known as an antibiotic sensitivity disc, used as a screening test for help in determining the proper...

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