U.S. v. 225 CARTONS OF AN ARTICLE OF DRUG

Civ. A. No. 86-3877.

687 F.Supp. 946 (1988)

UNITED STATES of America, Plaintiff, v. 225 CARTONS, MORE OR LESS, OF AN ARTICLE OF DRUG, each carton containing 12/100 capsule bottles, labeled in part: (carton) "* * * Sandoz Pharmaceuticals East Hanover, NJ 07936 * * *" with an area cut out showing bottle labeling described below (bottle) "* * * Fiorinal with Codeine No. 1 * * * Sandoz Inc. East Hanover, NJ * * *" (insert attached to bottle) "Fiorinal with Codeine Capsules * * *" 144 packages, more or less, of an article of drug, each package containing 12/100 capsule bottles and covered by an unlabeled, see-through, cellophane overwrap, labeled in part: (bottle) "* * * Fiorinal with Codeine No. 2 * * * Sandoz Inc. East Hanover, NJ * * *" (insert attached to bottle) "Fiorinal with Codeine Capsules * * *" 4,780 blister packs, more or less, of an article of drug, each blister pack containing 20 capsules and one insert, labeled in part: (blister pack) "* * * Fiorinal with Codeine No. 2 Sample * * * Sandoz, Inc. East Hanover, N.J. 07936 * * *" and undetermined quantities of the articles of drug, Fiorinal with Codeine No. 1 and Fiorinal with Codeine No. 2, packaged and labeled as described above, Defendants.

United States District Court, D. New Jersey.

March 8, 1988.


Attorney(s) appearing for the Case

Samuel A. Alito, Jr., U.S. Atty. by Jerome L. Merin, Asst. U.S. Atty., Deputy Chief, Civ. Div., Newark, N.J., Jacqueline H. Eagle, Civ. Div., Dept. of Justice, Office of Consumer Litigation, Washington, D.C., and Eric M. Blumberg, Associate Chief Counsel for Enforcement, Food and Drug Adm'n, Rockville, Md., for plaintiff.

Shanley & Fisher by Robert A. Boutillier, Morristown, N.J., for Claimant Sandoz Pharmaceuticals Corp.; Kleinfeld, Kaplan & Becker by Peter O. Safir, Bonnie Beavers, Washington, D.C., and Sandoz Pharmaceuticals Corp. by Anne S. Davidson, East Hanover, N.J., of counsel.


OPINION

DEBEVOISE, District Judge.

I. The Proceedings

Plaintiff is the United States which instituted this action on behalf of the Food and Drug Administration (FDA). The defendants are two prescription drug products, FIORINAL WITH CODEINE NO. 1 and NO. 2 (FWC No. 1 and FWC No. 2). The claimant is Sandoz Pharmaceutical Corporation (Sandoz) which manufacturers and distributes the FWC products.

This is an in rem seizure action brought...

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