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

No. 04-3592.

427 F.3d 219 (2005)

UNITED STATES of America, v. LANE LABS-USA INC, a corporation; Andrew J. Lane, an individual, Appellants.

United States Court of Appeals, Third Circuit.

October 21, 2005.

Attorney(s) appearing for the Case

Paul J. Fishman [Argued], Friedman, Kaplan, Seiler & Adelman, Newark, NJ, for Appellants Lane Labs-USA Inc, a Corporation; Andrew J. Lane, an Individual.

Jeffrey A. Lamken, Baker Botts, The Warner, Washington, DC, for Amicus-Appellant Washington Legal.

Gerald C. Kell [Argued], United States Department of Justice, Washington, DC, for Appellee United States of America.

Before RENDELL, BARRY and BECKER, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In this case, we are called upon to decide whether a district court has the power under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § §§ 301, et. seq. ("FDCA"), to order a defendant found to be in violation of the Act to pay restitution to consumers. Because a district court's equitable powers in such a situation are broad, we hold that an order of restitution is properly within the...

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