UNITED STATES v. ROUX LABORATORIES, INC.

No. 24283.

437 F.2d 209 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. ROUX LABORATORIES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 22, 1971.


Attorney(s) appearing for the Case

Larry Dier (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Chief, Civ. Div., Los Angeles, Cal., for plaintiff-appellant.

Stephen R. Lang (argued), of Shield & Smith, Los Angeles, Cal., Breed, Abbott & Morgan, New York City, for defendant-appellee.

Before CARTER, HUFSTEDLER and TRASK, Circuit Judges.


JAMES M. CARTER, Circuit Judge.

This is an appeal from a summary judgment dismissing a complaint for forfeiture under the Food, Drug, and Cosmetic Act, 21 U.S.C. § 334. The Government's complaint alleges that appellee's "Roux Lash and Brow Tint" was adulterated when introduced into and while in interstate commerce because it contains color additives, composed of silver sulfate, silver nitrate, and pyrogallol, that were "unsafe" because they have not been approved...

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