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U.S. v. 25 CASES, MORE OR LESS

No. 90-2599.

942 F.2d 1179 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. 25 CASES, MORE OR LESS, OF AN ARTICLE OF DEVICE, Each Case Containing 50 Sensor Pads in Individual Plastic Bags with Instructions, Labeled in Part "Sensor Pad for Breast Self-Examination", Defendant. Appeal of INVENTIVE PRODUCTS, INCORPORATED, Claimant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Heidi A. Garland (argued), Department of Justice Consumer Litigation, Washington, D.C., Kay Cook Food & Drug Admin., Rockville, Md., for plaintiff-appellee.

Dennis M. Gronek (argued), Gronek & Armstrong, Chicago, Ill., for defendant.

Philip L. Bateman, Samuels, Miller, Schroeder, Jackson & Sly, Decatur, Ill., for claimant-appellant.

Before CUDAHY, COFFEY and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

In this case we are called on to interpret the word "device" as used in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321(h)(2) (1988) (the Act). The government brought this action to seize the appellant's inventory, believing it to consist of adulterated devices in interstate commerce. Id. § 331. The district court granted summary judgment for the government.

The Act delineates three classes of devices intended...

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