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U.S. v. 42/30 TABLET BOTTLES

No. CV 89-1626.

779 F.Supp. 253 (1991)

UNITED STATES of America, Plaintiff, v. 42/30 TABLET BOTTLES and 14-60 CAPSULE BOTTLES, MORE OR LESS, OF AN ARTICLE OF FOOD, LABELED IN PART: (BOTTLE) "NATURE'S PLUS COENZYME Q10 COMPLEX ...", Defendants, Natural Organics, Inc. and National Nutritional Laboratories, Inc., Claimants.

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

December 20, 1991.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., Charles Kleinberg, Asst. U.S. Atty., Stephen J. Riegel, Asst. U.S. Atty., Brooklyn, N.Y., Kenneth Miller, Asst. Chief Counsel, Food and Drug Admin., Rockville, Md., co-counsel, for plaintiff.

Bass & Ullman, by I. Scott Bass, New York City, for claimants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff United States of America ("plaintiff") brings this action as a forfeiture proceeding filed under the Federal Food, Drug and Cosmetic Act (the "Act"), 21 U.S.C. § 301 et seq. seeking condemnation of certain articles, including "Germanium Plus" capsules, "Coenzyme Q-10" capsules, "Coenzyme Q-10 30 mg." capsules and "Immunector" beverage. Claimants...

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