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UNITED STATES v. 14 CASES, ETC., (BAG) "NAREMCO MEDI-MATIC

Civ. A. No. 2806.

374 F.Supp. 922 (1974)

UNITED STATES of America, Plaintiff, v. 14 CASES, MORE OR LESS, each containing 6 bags Labeled in part: (BAG) "NAREMCO MEDI-MATIC FREE CHOICE POULTRY FORMULA (medicated) * * * Net Weight 10 lbs. * * * Active drug ingredients: methylrosaniline chloride...0.0198% sodium phthalysulfacetamide...0.176% sodium propionate ...1.5% iron (FE)...0.072% Copper (CU)...0.036% Cobalt (CO) ...0.00012% ingredients: * * * Guaranteed analysis: * * * directions for use * * * Naremco 1724 Mt. Vernon, Springfield, Missouri 65805", et al., Naremco, Inc., Defendant.

United States District Court, W. D. Missouri, S. D.

January 29, 1974.

Attorney(s) appearing for the Case

Bert C. Hurn, U. S. Atty., Mary Ann Senner, Asst. U. S. Atty., Kansas City, Mo., Jay H. Geller, U. S. Dept. of Health, Education and Welfare, Washington, D. C., for plaintiff.

O. J. Taylor, Springfield, Mo., for defendant.

MEMORANDUM OPINION AND JUDGMENT

COLLINSON, District Judge.

This is a seizure and condemnation action brought under the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. §§ 301-392 (1970), to condemn a quantity of drugs known as "Myconox Medicated" (Myconox) and "Medi-Matic Free Choice Poultry Formula" (Medi-Matic). Plaintiff alleges that each article is a drug which is adulterated and misbranded while being held for sale after shipment...

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