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UNITED STATES v. ARTICLES OF DRUG

No. 77-2704.

625 F.2d 665 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. ARTICLES OF DRUG et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1980.

Attorney(s) appearing for the Case

Bruce E. Fein, Edward Lawson, Robert Nicholson, Dept. of Justice, Washington, D. C., for the United States.

Robert G. Pugh, Shreveport La., Alan H. Kaplan, F. Kaid Benfield, Washington, D. C., for Rucker Pharmacal Co.

Before MORGAN, RONEY and GARZA, Circuit Judges.

RONEY, Circuit Judge:

In this misbranding case under the Food, Drug, and Cosmetic Act,1 the Government sought to seize large quantities of drugs on the ground they complied with neither a statute requiring a drug's labeling to contain "adequate directions for use," nor an agency-created exemption from that requirement. The district court held that, because these were prescription drugs, the adequate directions for use requirement was satisfied...

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