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U.S. v. UNDETERMINED QUANTITIES OF AN ART. OF DRUG

No. 87 Civ. 7779 (RWS).

716 F.Supp. 787 (1989)

UNITED STATES of America, Plaintiff, v. UNDETERMINED QUANTITIES OF AN ARTICLE OF DRUG LABELED AS "EXACHOL," et al., Defendants-in-Rem, U.S. Health Club, Inc., Claimant.

United States District Court, S.D. New York.

July 11, 1989.

Attorney(s) appearing for the Case

Benito Romano, U.S. Atty., S.D.N.Y., New York City, for plaintiff; Paula T. Dow, Asst. U.S. Atty., of counsel.

Bass & Ullman, New York City, for claimant; Jacob Laufer, Susan C. Stolzer, of counsel.

OPINION

SWEET, District Judge.

Plaintiff the United States Federal Food and Drug Administration ("the FDA") moves for summary judgment pursuant to Rule 56, Fed.R.Civ.P. against defendant U.S. Health Club, Inc. ("Health Club") seeking to condemn the seized Exachol as a misbranded and unapproved new drug. Because Exachol is entitled to be considered under the Health Claims for Food Policy, the motion for summary judgment is denied.

The Parties...

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