UNITED STATES v. ARTICLES OF FOOD AND DRUG

Civ. A. No. 77-C-285.

444 F.Supp. 266 (1978)

UNITED STATES of America, Plaintiff, v. ARTICLES OF FOOD AND DRUG consisting of the following: 470 fifty pound bags, more or less, of apricot kernels labeled in part: "Natural Whole & Broken Apricots Packed for Earth Products Marina Del Ray, CA * * * 50 lbs Net Wt" or "Natural Apricot Pieces Packed for Earthco Westlake Village, CA 50 lbs Net Wt", undetermined quantities of amygdalin powder in plastic bags within cardboard boxes labeled in part: "Crude" or "X-1" and "Amygdalin", 2 drums, more or less, each containing approximately 50,000 gelatin capsules labeled in part: "Quantity 50,000 Double O Gelatin, Pre-fit Capsules Parke Davis & Co. Detroit, Mi to Mosinee Research Corp 212 Main St. Mosinee, Wisconsin from: Parke-Davis Capsule Plant, Greenwood, S. C.", and undetermined quantities of articles of food and drug, including raw materials, articles in process of manufacture and finished products, which are labeled with such identification markings or firm or corporation names as are indicative of their manufacture outside the State of Wisconsin or which are otherwise identified as having been shipped in interstate commerce, and Mosinee Research Corp. and U. S. Pharmaceuticals, Inc., corporations, and Albert C. Iwen, Douglas R. Evers, John M. Couture, Joseph J. Birkenstock, and Ralph D. Pennings, Individuals, Defendants.

United States District Court, E. D. Wisconsin.

Decision and Order January 20, 1978.


Attorney(s) appearing for the Case

William J. Mulligan, U. S. Atty., by Stephen E. Kravit, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Joseph W. Weigel, Milwaukee, Wis., Henry Rothblatt, New York City, and Kirkpatrick W. Dilling, Chicago, Ill., for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

REYNOLDS, Chief Judge.

FINDINGS OF FACT

1. This is an action filed by the United States of America, pursuant to the provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 332(a), seeking to enjoin defendants from shipping articles containing amygdalin in interstate commerce or holding them for sale after shipment in interstate commerce.

2. The defendants, Mosinee Research Corp. and...

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