U.S. v. SNORING RELIEF LABS INC.

No. 99-15190.

210 F.3d 1081 (2000)

UNITED STATES of America, Plaintiff-counter-defendant-Appellee, v. SNORING RELIEF LABS INC., Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2000.


Attorney(s) appearing for the Case

Brian J. Donato, Hyman, Phelps, & McNamara, Irvine, California, for the defendant-counter-claimant-appellant.

Deborah M. Autor, United States Department of Justice, Office of Consumer Litigation, Washington, D.C., for the plaintiff-counter-defendant-appellee.

Before: HUG, Chief Judge, D.W. NELSON, and McKEOWN, Circuit Judges.


D.W. NELSON, Circuit Judge:

Snoring Relief manufactures SnorBan, an anti-snoring mouthpiece that it seeks to sell without a prescription. The government brought this in rem seizure action, claiming that SnorBan cannot be sold without a prescription because it is a Class III adulterated device under the Federal Food, Drug, and Cosmetic Act (FDC Act), 21 U.S.C. § 351(f)(1)(B); SnorBan lacked pre-market approval; and it was "misbranded" under 21 U.S.C. &...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases