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UNITED STATES v. 47 BOTTLES, MORE OR LESS, ETC.

Civ. A. No. 1042-58.

200 F.Supp. 1 (1961)

UNITED STATES of America, Libellant, v. An article of drug consisting of 47 BOTTLES, MORE OR LESS, each containing 30 capsules of an article labeled in part: "* * * JENASOL RJ FORMULA 60 * * *", Respondent, (Marvin Schere d/b/a the Jenasol Co.), Claimant.

United States District Court D. New Jersey.

December 14, 1961.

Attorney(s) appearing for the Case

David M. Satz, Jr., U. S. Atty., by Jerome D. Schwitzer, Asst. U. S. Atty., Newark, N. J., and William Goodrich, Gen. Counsel Dept. of Health, Education & Welfare, Food and Drug Administration, Washington, D. C., by William J. Risteau, Alexandria, Va., for the Government.

Bass & Friend, by Milton Bass, New York City, for claimant.

WORTENDYKE, District Judge.

This is a seizure case under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The subject matter of the seizure is a quantity of drug labelled "Jenasol RJ Formula 60" capsules or "Jenasol" containing as active ingredients a substance designated as "Royal Jelly"1 and certain vitamins.2

The libel of information charges misbranding within the meaning of...

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