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UNITED STATES v. 24 BOTTLES "STERLING VINEGAR & HONEY, ETC."

No. 60, Docket 28920.

338 F.2d 157 (1964)

UNITED STATES of America, Libellant-Appellee, v. An undetermined number of cases, each case containing 24 BOTTLES of an article labeled in part: (bottle) "STERLING VINEGAR AND HONEY AGED IN WOOD CIDER BLENDED WITH FINEST HONEY CONTENTS 1 PINT PRODUCT OF STERLING CIDER CO., INC., STERLING, MASS." and an undetermined number of copies of the books entitled "Folk Medicine" and "Arthritis and Folk Medicine," both by D. C. Jarvis, Balanced Foods, Inc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 18, 1964.

Decided November 18, 1964.

Attorney(s) appearing for the Case

Patricia A. Garfinkel, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, and William W. Goodrich, Asst. Gen. Counsel, Food and Drug Div., Dept. of Health, Education and Welfare, Washington, D. C., on the brief), for libellant-appellee.

Milton A. Bass, New York City (Bass & Friend, New York City, on the brief), for claimant-appellant.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge.

The sole question on this appeal is whether the display and sale of books in the same shop as an article which the books misleadingly recommend as a remedy for various ailments constitutes misbranding in violation of 21 U.S.C. § 331 (a) (1958) because it is misleading written matter accompanying such article.

Balanced Foods, Inc., appeals from an order of the District Court for the Southern District of New York condemning a number...

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