UNITED STATES v. AN ARTICLE OF COSMETIC, ETC.

Civ. No. 74-28.

372 F.Supp. 302 (1974)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF COSMETIC CONSISTING OF 1,227 PACKAGES, Defendant.

United States District Court, D. Oregon.

March 18, 1974.


Attorney(s) appearing for the Case

Sidney I. Lezak, U. S. Atty., Vinita Jo Neal, Asst. U. S. Atty., Portland, Or., for plaintiff.

Hardy Myers, Jr., Dennis Bromka, Rives, Bonyhadi & Drummond, Portland, Or., R. Quincy White, Jr., Jack R. Bierig, Sidley & Austin, Chicago, Ill., for C. E. B. Products, Inc., claimant.


OPINION

SOLOMON, District Judge:

On January 14, 1974, the United States filed an action to condemn 1,227 packages of "Long Nails" seized at Fred Meyer, Inc., Portland, Oregon, on the grounds that these cosmetics were adulterated within the meaning of 21 U.S.C. § 361(a). The Food and Drug Administration asserts that the product contains a poisonous and deleterious substance, methyl methacrylate.

On January 25, 1974, C.E.B. Products, Inc. (C.E...

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