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

No. 17415.

415 F.2d 369 (1969)

UNITED STATES of America v. An ARTICLE of Drug CONSISTING OF 36 BOXES, MORE OR LESS, each containing 1 bottle of an article LABELED in part "LINE AWAY TEMPORARY WRINKLE SMOOTHER, COTY" Chas. Pfizer & Co., Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided July 24, 1969.

As Amended September 2, 1969.

Rehearing Denied September 9, 1969.

Attorney(s) appearing for the Case

Bernard L. Segal, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa. (Samuel D. Slade, Philadelphia, Pa., William F. Weigel, New York City, Rogers, Hoge & Hills, New York City, on the brief), for appellant.

William W. Goodrich, Asst. Gen. Counsel, Food and Drug Division, Washington, D. C. (Alexander Greenfeld, U. S. Atty., Wilmington, Del., Joanne S. Sisk, Atty., Dept. of Health, Education, and Welfare, Washington, D. C., on the brief), for appellee.

Vincent A. Kleinfeld, Alan H. Kaplan, Stanley J. Krieger, Kleinfeld & Kaplan, Washington, D. C., Sp. Counsel to The Toilet Goods Assn., Inc. Fuller Holloway, Hamel, Morgan, Park & Saunders, Washington, D. C., counsel to The Toilet Goods Assn. Inc., as amicus curiae.

Before HASTIE, Chief Judge, and GANEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

This is an appeal from a judgment of condemnation entered in a seizure action under section 304 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 334. Involved is an article known as "Line Away Temporary Wrinkle Smoother, Coty," or more simply, "Line Away."

The action was initiated in the United States District Court for the District of Delaware by a Libel of Information that alleged that Line...

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