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TYLER PHARMACAL DISTRIB., INC. v. U. S. DEPT. OF HEALTH, E. & W.

Nos. 16637, 16643.

408 F.2d 95 (1969)

TYLER PHARMACAL DISTRIBUTORS, INC., Plaintiff-Appellant, v. U. S. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. TYLER PHARMACAL DISTRIBUTORS, INC., a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 3, 1969.

Attorney(s) appearing for the Case

Jesse H. Brown, Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., John Peter Lulinski, Michael B. Nash, Asst. U. S. Atty., Chicago, Ill., for appellee;

William W. Goodrich, Asst. Gen. Counsel, Joanne S. Sisk, Charles K. Marr, Attys., Dept. of Health, Education, and Welfare, Washington, D. C., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.

HASTINGS, Senior Circuit Judge.

We have before us two appeals by Tyler Pharmacal Distributors, Inc. (Tyler) from orders entered in two actions, consolidated in the district court for purposes of trial. Each action involved an article of drug known as "Pro-Forma".

Pro-Forma is represented as being safe and effective for use by women to make their breasts fuller and firmer and to restore them to feminine beauty. The active ingredient said to cause this improvement...

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