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UNITED STATES v. 62 PACKAGES, ETC.

No. 8357.

142 F.2d 107 (1944)

UNITED STATES v. 62 PACKAGES, MORE OR LESS, OF MARMOLA PRESCRIPTION TABLETS.

Circuit Court of Appeals, Seventh Circuit.

May 4, 1944.

Attorney(s) appearing for the Case

Rockwell T. Gust and David A. Howell, both of Detroit, Mich., and W. H. Dougherty, of Janesville, Wis., for appellant.

John J. Boyle, of Madison, Wis., and Alvin M. Loverud, of Washington, D. C., for appellee.

Before MAJOR, MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Claimant seeks to reverse a judgment condemning "Marmola" drug tablets entered in a proceeding under the Federal Food, Drug, and Cosmetic Act, c. 675, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq. The essential averments of the libel were that the tablets were misbranded in that (1) when used as prescribed they are dangerous to health; (2) they are falsely represented to be a safe and appropriate remedy for obesity; and, (3) the instructions...

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