MEMORANDUM OPINION AND ORDER
FLANNERY, District Judge.
The defendants in this case are charged pursuant to 21 U.S.C. § 331(k) (1970) of the Food, Drug and Cosmetic Act which prohibits "[t]he alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if such act is done while such article is held for sale (whether or not the...
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