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UNITED STATES v. 43½ GROSS RUBBER PROPHYLACTICS

Civil Action No. 1502.

65 F.Supp. 534 (1946)

UNITED STATES v. 43½ GROSS RUBBER PROPHYLACTICS LABELED IN PART "XCELLO'S PROPHYLACTICS" et al.

District Court, D. Minnesota, Fourth Division.

February 11, 1946.

Attorney(s) appearing for the Case

Victor E. Anderson, U. S. Atty., and Clifford F. Hansen, Asst. U. S. Atty., both of St. Paul, Minn., for the United States.

Maurice Weinstein, of Milwaukee, Wis. (Ralph Stacker, of St. Paul, Minn., of counsel), for claimant.

NORDBYE, District Judge.

A libel of information was filed against the goods described in the caption on the theory that they were adulterated within the meaning of 21 U.S.C.A. § 351(c) and that they were misbranded within the meaning of 21 U.S.C.A. § 352(a). The goods were labeled "Prophylactics" on the carton in which they were contained, and the Government contends that such labeling constitutes misbranding within the meaning of the Act. The articles consist...

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