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UNITED STATES v. NAREMCO, INC.

No. 76-1623.

553 F.2d 1138 (1977)

UNITED STATES of America, Appellant, v. NAREMCO, INC., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1977.

Rehearing Denied May 25, 1977.

Attorney(s) appearing for the Case

James F. Ponsoldt, Atty., Dept. of Justice, Washington, D. C., for appellant; Donald I. Baker, Acting Asst. Atty. Gen., and Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., Richard A. Merrill, Chief Counsel, Robert M. Spiller, Jr., Associate Chief Counsel for Enforcement, and Donald O. Beers, Asst. Chief Counsel for Enforcement, Food and Drug Division, Dept. of Health, Education and Welfare, Rockville, Md., on brief.

Richard F. Kingham, Washington, D. C., O. J. Taylor, Taylor, Stafford & Gannaway, Springfield, Mo., for appellees.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and HEANEY, Circuit Judge.

GIBSON, Chief Judge.

For nine years, Naremco, Inc. and the Government have disagreed over the applicability of certain provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (Supp. V. 1975), to products containing gentian violet (methylrosaniline chloride). Naremco,1 a Missouri corporation, has repeatedly manufactured and sold a variety of products containing gentian violet without first obtaining pre...

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