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U.S. v. 45/194 KG. DRUMS OF PURE VEGETABLE OIL

No. 90-55086.

961 F.2d 808 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. 45/194 KG. DRUMS OF PURE VEGETABLE OIL, et al., Defendant, Efamol, Ltd., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1992.

Attorney(s) appearing for the Case

James R. Phelps, Hyman, Phelps & McNamara, Washington, D.C., for claimant-appellant.

Mary K. Pendergast, Associate Chief Counsel, Food and Drug Admin., Rockville, Md., for plaintiff-appellee.

Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and McNAMEE, District Judge.

McNAMEE, District Judge:

FACTS

Appellant, Efamol Ltd., Surrey, England, researches, exports and markets evening primrose oil (EPO). EPO is made from the crushed seeds of the evening primrose plant. Efamol sells EPO as a dietary supplement of fatty acids.

In February 1979, the Food and Drug Administration (FDA) informed Efamol representatives that EPO was not generally recognized as safe for use as a dietary supplement. If Efamol wanted to export...

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