U.S. v. LANE LABS-USA, INC.

No. CIV. 99-5782(WGB).

324 F.Supp.2d 547 (2004)

UNITED STATES of America, Plaintiff, v. LANE LABS-USA, INC., a corporation, and Andrew J. Lane, an individual, Defendant(s).

United States District Court, D. New Jersey.

July 9, 2004.


Attorney(s) appearing for the Case

United States Department of Justice, Washington, DC by Gerald C. Kell, Office of the United States Attorney, Newark, NJ, by Michael Chagares, Department of Health and Human Services, By Alex M. Azar II, Food and Drug Administration, By Daniel E. Troy, Eric M. Blumberg, Paige Harrison Taylor, of Counsel for Plaintiff.

Sills Cummis Epstein & Gross, P.C., Newark, NJ, by Jack Wenik, James Hirschhorn, Ullman, Shapiro & Ullman, LLP, New York City, by Robert Ullman, New York, NY, for Defendants.

Emord & Associates, P.C., Burke, VA, by Jonathan R. Goodman, Jonathan W. Emord, for American Association for Health Freedom, Amicus curiae.


OPINION

BASSLER, District Judge.

The central issue in this case is whether plaintiff United States of America ("the Government" or "Plaintiff") is entitled to a permanent injunction prohibiting defendants Lane Labs-USA, Inc. and Andrew J. Lane (collectively "Defendants") from marketing certain products — one made from shark cartilage, one from rice bran treated with Shiitake mushroom, and one from glycoalkaloid, which is an extract of sand...

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