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UNITED STATES v. DIAPULSE CORPORATION OF AMERICA

No. 507, Docket 71-2136.

457 F.2d 25 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. DIAPULSE CORPORATION OF AMERICA, also known as the Diapulse Manufacturing Corporation of America, a corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 20, 1972.

Attorney(s) appearing for the Case

Milton A. Bass, Bass & Ullman, New York City, for appellant.

Cyril Hyman, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., Alvin L. Gottlieb, Deputy Asst. Gen. Counsel, Food, Drugs and Environmental Health Div., Joanne S. Sisk and Forrest T. Patterson, Attys., Dept. of Health, Education and Welfare, Rockville, Md., of counsel), for appellee.

Before SMITH, FEINBERG and MULLIGAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The Diapulse Corporation of America has been prohibited from shipping in interstate commerce the "Diapulse," a pulsed high frequency generator similar to a conventional diathermy unit but with a lower output, intended to create a unique athermal effect, until the labeling meets the standards of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. to the satisfaction of the Food and Drug Administration (FDA). Judge George Rosling...

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