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UNITED STATES v. "CDC CAPSULES . . ."

No. 62 M 63.

204 F.Supp. 280 (1962)

UNITED STATES of America v. An article of Drug, etc. . . ., consisting of 40 CASES, etc. . . . "CDC CAPSULES . . . .", Cove Vitamin and Pharmaceutical, Inc.

United States District Court E. D. New York.

March 21, 1962.

Attorney(s) appearing for the Case

Milton Bass, New York City (Bass & Friend, New York City, of counsel) for claimant in support of motion.

Martin R. Pollner, Adelphi, Md. (Joseph P. Hoey, U. S. Atty., of counsel), opposed.

DOOLING, District Judge.

Claimant moves for summary judgment on the issues tendered by so much of the libel of information (21 U.S.C.A. § 334 (a)) as alleges that claimant's CDC capsules were "misbranded" (21 U.S.C.A. § 352(a)) in that their "labelling" — which is alleged to include, as "printed or graphic matter" "accompanying" the article, Taller's book "Calories Don't Count" (21 U.S.C.A. § 321(m) (2)) — represents and suggests that...

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