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UNITED STATES v. ARTICLE OF DRUG, ETC.

Civ. A. No. 15530.

331 F.Supp. 912 (1971)

UNITED STATES of America, v. An ARTICLE OF DRUG . . . 47 SHIPPING CARTONS, MORE OR LESS, . . . "HELENE CURTIS MAGIC SECRET . . .", Helene Curtis Industries, Inc.

United States District Court, D. Maryland.

January 14, 1971.

Attorney(s) appearing for the Case

George Beall, U. S. Atty. for Dist. of Maryland, Frank S. Brocato, Asst. U. S. Atty., and John C. Young, Asst. Gen. Counsel, Food and Drug Div., Dept. of Health, Education & Welfare Administration, for plaintiff.

Bernard W. Rubenstein, Baltimore, Md., and Robert L. Wald, Carleton A. Harkrader, Joel E. Hoffman, Selma M. Levine, and Stephen M. Truitt, Washington, D. C., for defendant.

NORTHROP, Chief Judge.

This is an in rem civil seizure action against a quantity of Helene Curtis "Magic Secret" skin lotion which has as its purpose the smoothing of facial wrinkles. The central issue in these proceedings is whether the article seized is a "drug" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and therefore subject to the regulatory provisions of the...

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