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U.S. v. EIGHT UNLABELED CASES OF AN A. OF COSMETIC

No. 1368, Docket 89-6071.

888 F.2d 945 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. EIGHT UNLABELED CASES, MORE OR LESS, OF AN ARTICLE OF COSMETIC, each case containing 24/80-Tablet bottles, labeled in part: (bottled) "French Bronze Tablets" * * * 80 tablets * * * Each Tablet contains 30 mg. of Canthaxanthin and 3 mg. of Beta-Carotene * * * Distributed by French Bronze Tablets 210 Fifth Avenue, New York, New York * * *, Defendants. Appeal of FBNH ENTERPRIZES, INC., Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 6, 1989.

Attorney(s) appearing for the Case

Charles B. Chernofsky, New York City, for defendants and claimant-appellant.

Rosanne M. Harvey, Asst. U.S. Atty., Brooklyn, NY (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, Robert L. Begleiter, Asst. U.S. Atty., of counsel), for plaintiff-appellee.

Before KAUFMAN, CARDAMONE and FRIEDMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Although the pursuit of an even suntan has long been fashionable, only lately has it been attained through pharmaceutical products. Manufacturers have begun marketing cosmetic products which impart color to the skin without the traditional exposure to the natural and perhaps dangerous rays of the sun. French Bronze Tablets, one such product, is the subject of this appeal.

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