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U.S. v. ARTICLES OF DRUG

No. 86-1238.

826 F.2d 564 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. ARTICLES OF DRUG ... Promise Toothpaste for Sensitive Teeth ... Active Ingredients: Potassium Nitrate, Sodium Monofluorophosphate ... Sensodyne-F Toothpaste for Sensitive Teeth ... Active Ingredients: Potassium Nitrate, Sodium Monofluorophosphate ... and Block Drug Co., Inc., Leonard N. Block and James A. Block, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 1987.

Rehearing Denied September 1, 1987.

Attorney(s) appearing for the Case

Thomas O. Henteleff, Kleinfeld Kaplan & Becker, Washington, D.C., for defendants-appellants.

Ann H. Wion, Associate Chief Counsel for Enforcement Office of Gen. Counsel, Food & Drug Admin., Rockville, Md., for plaintiff-appellee.

Before WOOD, COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

This is an appeal from an order granting summary judgment in favor of the government in a forfeiture action1 brought against certain quantities of toothpaste manufactured and distributed by the defendants, Block Drug Company, and Leonard and James Block (collectively referred to as Block). The government alleged that the toothpastes were "new drugs," and that, because no approved new drug application (NDA) regarding...

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