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UNITED STATES v. 1,048,000 CAPSULES, MORE OR LESS, "AFRODEX"

No. 72-3613.

494 F.2d 1158 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. 1,048,000 CAPSULES, MORE OR LESS, Labeled in Part: "AFRODEX", etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

George F. Townes, Greenville, S. C., Jerome R. Epstein, Houston, Tex., for defendants-appellants.

Olney G. Wallis, James R. Gough, Asst. U. S. Attys., Houston, Tex., Joanne S. Sisk, John Eldred, U. S. Dept. of Health, Ed. & Welfare, Rockville, for plaintiff-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

This case was instituted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., for seizure and condemnation of a quantity of drug called "Afrodex" marketed by Bentex Pharmaceutical Company, claimant below. The libel alleges that Afrodex is misbranded under 21 U.S.C. § 352(f)(1), and thus subject to seizure and condemnation pursuant to 21 U.S.C. § 334, in that the article is, within the meaning of 21 U.S.C....

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