UNITED STATES v. X-OTAG PLUS TABLETS

No. 77-1946.

602 F.2d 1387 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. An article of drug consisting of the following: 15866/50-Tablet Bottles, more or less, and 512/500-tablet bottles, more or less, labeled in part: (bottle) "Tutag Pharmaceuticals, Broomfield, Colorado * * * X-Otag Plus Tablets Each tablet contains: Orphenadrine citrate 50 mg., Acetaminophen 325 mg. Caution: Federal law prohibits dispensing without prescription * * *" (Insert) "X-OTAG PLUS TABLETS * * * 76/2 Tutag Pharmaceuticals, Inc., Broomfield, Colorado 80020" and undetermined quantities of the aforesaid article labeled as aforesaid, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. TUTAG PHARMACEUTICALS, INC., a corporation, and Stanley J. Tutag, an Individual, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 6, 1979.


Attorney(s) appearing for the Case

William R. Pendergast, Washington, D. C. (Wayne H. Matelski, McMurray & Pendergast, Washington, D. C.; Christopher Lane, Cassandra G. Sasso, Dowson, Nagel, Sherman & Howard, Denver, Colo., on the brief), for defendants-appellants.

Bruce F. Fein, Washington, D. C. (John H. Shenefield, Robert B. Nicholson, Dept. of Justice, Washington, D. C.; Jeffrey B. Springer, Donald O. Beers, Food and Drug Administration, Rockville, Md., on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and MILLER, Judge.


MILLER, Judge.

This appeal is from a judgment and orders of the district court1 (nonjury trial) permanently enjoining defendants-appellants from marketing the drug X-Otag Plus in interstate commerce and directing the destruction of a quantity of the drug seized by the Government. We affirm the injunction, but remand the order for destruction to the district court to stay destruction of the seized drug pending further proceedings.

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