BOOTLE, District Judge.
For reasons hereinafter set forth, defendant's motion to dismiss Counts I, III, and V of the information is hereby granted.
Defendant is charged in a six count information with violations of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. Counts I, III and V of this information charge violations of § 402(b) (1) of the Act, 21 U.S.C.A. § 342(b) (1), which provides as follows:
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