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UNITED STATES v. AN ARTICLE OF DRUG

No. 79-4077.

661 F.2d 742 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DRUG, etc., et al., Defendants, and Palmer Chemical & Equipment Company, Inc., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Martin B. Brifman, Sacramento, Cal., for claimant-appellant.

Daniel J. Conway, Washington, D. C., argued, for plaintiff-appellee; William D. Coston, Washington, D. C., on brief.

Before BROWNING, Chief Judge, MERRILL, Circuit Judge, and HARRIS, District Judge.

PER CURIAM:

Under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., an animal drug may not be marketed in interstate commerce unless (1) the FDA has approved a new drug application pursuant to 21 U.S.C. § 360b, or (2) the drug is not a "new animal drug" because it is "generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs, as safe and effective for...

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