U.S. v. AN ARTICLE OF DEVICE ... DIAPULSE

Nos. 80-1904, 80-1905 and 80-1939.

650 F.2d 908 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. AN ARTICLE OF DEVICE ... DIAPULSE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Fredrick H. Branding, Asst. U. S. Atty. Chief, Civil Division, Richard E. Geyer, Associate Chief Counsel, Food and Drug Administration, Rockville, Md., for plaintiff-appellant.

Michael G. Berkman, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Circuit Judge, GIBSON, Senior Circuit Judge, and CUDAHY, Circuit Judge.


CUMMINGS, Circuit Judge.

These appeals arose from two civil seizures under Section 304(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 334(a)) to condemn two identical medical devices known as "Diapulse" devices.1 The Government, on behalf of the Food and Drug Administration (FDA), alleged that the devices were misbranded within the meaning of 21 U.S.C. §§ 352(a) and 352(f)(1) in that they were ineffective for...

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