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U.S. v. TEN CARTONS, MORE OR LESS, OF AN ARTICLE

Nos. 250, 251, Dockets 95-6051, 95-6063.

72 F.3d 285 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. TEN CARTONS, MORE OR LESS, OF AN ARTICLE ... * * *ENER-B VITAMIN B-12, etc., et al., Defendants. UNITED STATES of America, Plaintiff-Appellee, v. NATURE'S BOUNTY, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 19, 1995.

Attorney(s) appearing for the Case

Charles S. Kleinberg, Assistant United States Attorney for the Eastern District of New York, Brooklyn, New York (Zachary W. Carter, United States Attorney, Igou Allbray, Deborah B. Zwany, Assistant United States Attorneys, Brooklyn, New York, Denise Zavagno, Matthew Eckle, Food and Drug Administration, Washington, D.C., of counsel), for Plaintiff-Appellee.

Milton A. Bass, New York City (Robert Ullman, Jacob Laufer, James N. Czaban, Bass & Ullman, P.C., New York City, of counsel), for Defendant-Appellant.

Before: MESKILL, MAHONEY, and WALKER, Circuit Judges.

PER CURIAM:

Defendant-appellant Nature's Bounty, Inc. ("Nature's Bounty") appeals from a judgment entered April 14, 1995 in the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge, that permanently enjoined Nature's Bounty from introducing into interstate commerce Ener-B Nasal Gel ("Ener-B"), a vitamin B-12 supplement in gel form designed to be applied to the inside of the nose and absorbed into the bloodstream through...

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