U.S. v. 9/1 KG CONTAINERS

No. 86-3201.

674 F.Supp. 1344 (1987)

UNITED STATES of America, Plaintiff, v. 9/1 KG CONTAINERS, More or Less of an ARTICLE OF DRUG FOR VETERINARY USE, et al., Defendants.

United States District Court, C.D. Illinois, Springfield Division.

December 8, 1987.


Attorney(s) appearing for the Case

James A. Lewis, Asst. U.S. Atty., Springfield, Ill., for U.S.

John Ess, Heyl, Royster, Voelker & Allen, Springfield, Ill., for amicus curiae American Veterinary Medical Assoc.

Philip C. Olsson, David P. Weeda, Arthur Y. Tsien, Olsson, Frank and Weeda, P.C., Washington, D.C., for amicus curiae American Feed Industry Assn.

James R. Phelps, Robert A. Dormer, Hyman, Phelps & McNamara, P.C., Washington, D.C., William F. Trapp, Springfield, Ill., for defendants.

LeFevre, Zeman, Oldfield & Schwarm, Vandalia, Ill., for American Food Animal Veterinary Medical Assn.


OPINION

MILLS, District Judge:

In this cause, the Government seeks the condemnation of bulk animal drugs pursuant to 21 U.S.C. § 334.1 As this is a case of first impression, we proceed with very little in the way of case law to guide us.

The Government alleges that the drugs do not have adequate directions for use and are, therefore, misbranded. Additionally, the Government...

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