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UNITED STATES v. 42 JARS, ETC.

Civ. A. No. 1212-57.

162 F.Supp. 944 (1958)

UNITED STATES of America, Libellant, v. 42 JARS . . . "BEE ROYALE CAPSULES * * *", Claimant.

United States District Court D. New Jersey.

June 11, 1958.

Attorney(s) appearing for the Case

Chester A. Weidenburner, Newark, N. J., U. S. Atty., by Jerome D. Schwitzer, Asst. U. S. Atty., Newark, N. J., for libellant, Alvin Gottlieb, Washington, D. C., of counsel.

Platoff, Platoff & Heftler, Union City, N. J., for claimant, Bass & Friend, New York City, of counsel.

HARTSHORNE, District Judge.

Libellant, United States Government, has seized a quantity of "Bee Royale" capsules, under the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334(a), as having been misbranded. It also claims that the said product was a "new drug" within the meaning of the statute, 21 U.S.C.A. § 321 (p) (1), as to which statutory conditions precedent had not been taken by their producers and owners. Bee Royale, Inc., a New...

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