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UNITED STATES v. VITASAFE CORPORATION

Nos. 14964, 15066.

345 F.2d 864 (1965)

UNITED STATES of America v. An Undetermined Number of Shipping Packages, Etc., VITASAFE CORPORATION, Appellant. UNITED STATES of America v. VITASAFE CORPORATION, a Corporation, Nutritional Quality Controls, Inc., a Corporation, the Dollar Vitamine Plan, Inc., a Corporation, Life Nutrition, Inc., a Corporation, International Oil and Metals Corporation, a Corporation, Dr. Parker Medicine Company, a Corporation, Philip S. Volosov, an Individual and Henry D. Cohen, an Individual, Appellants.

United States Court of Appeals Third Circuit.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Milton A. Bass, Bass & Friend, New York City, for appellants.

Vincent J. Commisa, Asst. U. S. Atty., Newark, N. J., for appellees.

Dilling & Dilling, Chicago, Ill., on the brief, for amicus curiae.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

The District Court, in an in rem proceeding under the Federal Food, Drug and Cosmetic Act1 (Appeal No. 14964), condemned and forfeited (1) some 900 seized packages of Vitasafe vitamin-mineral capsules, which it found to be "foods"2 and "drugs"3 introduced into interstate commerce, with "labeling" claims that...

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