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UNITED STATES v. URBUTEIT

No. 13.

335 U.S. 355 (1948)

69 S.Ct. 112

93 L.Ed. 61

UNITED STATES v. URBUTEIT.

Supreme Court of United States.

Decided November 22, 1948.

Attorney(s) appearing for the Case

Solicitor General Perlman argued the cause for the United States. With him on the brief were Philip Elman, William W. Goodrich and Bernard D. Levinson.

H.O. Pemberton argued the cause and filed a brief for respondent.

Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE REED.

The United States filed a libel under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1044, 21 U.S.C. § 334), seeking seizure of 16 machines labeled "Sinuothermic." The libel alleged that the device was misbranded within the meaning of the Act (52 Stat. 1050, 21 U.S.C. § 352 (a)) in that representations in a leaflet entitled "The Road...

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