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UNITED STATES v. ARTICLE OF DRUG

No. 72-1349.

484 F.2d 748 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. An ARTICLE OF DRUG consisting of 1 drum of 104,000 tablets, more or less, LABELED in part: (drum) "Name WHITE QUADRISECT Manufactured for Scrip, Inc., 101 South St., Peoria, Ill. Quantity 104M Ticket No. SI-31 Hyoscyamine Hbr. 0.4507 Mg. Atropine Sulfate 0.0372 Mg. Scopolamine Hbr. 0.0119 Mg. Usual Adult Dose: *** M/O-7-747 Caution: * * * George N. Bell Manufacturing Chemists 7044 East 30th Street, Indianapolis, Ind. 46219", Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1973.

Attorney(s) appearing for the Case

George M. Burditt, Chicago, Ill., Kent A. Noble, Peoria, Ill., for defendant-appellant.

Charles R. McConachie, Atty., Anti Trust Div., U. S. Dept. of Justice, Washington, D. C., Stephen H. McNamara, Health, Education & Welfare, Rockville, Md., for plaintiff-appellee.

Before PELL and STEVENS, Circuit Judges, and CAMPBELL, Senior District Judge.

PER CURIAM.

Defendant appeals from an order condemning his property, a shipment of a prescription drug,1 under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. The lower court condemned the shipment because the defendant's production procedure violated the "current good manufacturing practice" (GMP) provision of the Act, 21 U. S.C. § 351(a) (2) (B). Appellant contends that that provision is unconstitutional under...

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