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UNITED STATES v. 24 DEVICES, MORE OR LESS, ETC.

Civ. A. No. 1007-59.

202 F.Supp. 147 (1962)

UNITED STATES of America, Libellant, v. An Article of Device Consisting of 24 DEVICES, MORE OR LESS, Individually Cartoned and Labeled in part: (Device) "* * * SUNFLO FLOWING AIR PURIFIER" (Leaflet in Carton) "The Amazing New Sunflo Flowing Air Purifier" and including two Display Cards Reading in Part: "* * * Asthma, Sinus, Hay Fever Relief * * * Sunflo * * *" Which Display Cards Accompany Said Article and Contain Statements Relating Thereto, Respondent-Claimant.

United States District Court D. New Jersey.

February 20, 1962.

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 and Welfare, Food and Drug Administration, Washington, D. C., by William R. Risteau, Washington, D. C. (Illinois Bar), for the Government.

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

WORTENDYKE, District Judge.

In this seizure action under Section 304 of the Food, Drug and Cosmetic Act, 21 U.S.C.A. § 334, the issue presented is whether the seized devices of claimant are misbranded, as defined in 21 U.S.C.A. § 352, by reason of false and misleading statements contained in their labeling respecting their efficacy for the treatment of human diseases or relief from their symptoms. Each of the devices was shipped in interstate commerce prior...

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