U.S. v. UNDETERMINED QUANTITIES OF CAL-BAN 3000 * * *

No. 90-126-CIV-7.

776 F.Supp. 249 (1991)

UNITED STATES of America, Plaintiff, v. UNDETERMINED QUANTITIES OF "CAL-BAN 3000* * *", etc., Defendant.

United States District Court, E.D. North Carolina, Wilmington Division.

September 17, 1991.


Attorney(s) appearing for the Case

Stephen A. West, U.S. Atty., Raleigh, N.C., for U.S.

Thomas P. McNamara, McNamara, Pipkin, Knott & Carruth, Raleigh, N.C., for claimants.


ORDER

BRITT, District Judge.

The United States government brought this in rem seizure action pursuant to the Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. §§ 301, et seq., against a quantity of "Cal-Ban 3000" (Cal-Ban), a product marketed to the public for the purpose of weight reduction, appetite suppression, and prevention of colon cancer. The Cal-Ban was seized on September 25, 1990 in Wilmington, North Carolina and the government...

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