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UNITED STATES v. 1,048,000 CAPSULES, MORE OR LESS, ETC.

Civ. A. No. 66-H-781.

347 F.Supp. 768 (1972)

UNITED STATES of America v. 1,048,000 CAPSULES, MORE OR LESS, in Drums Labeled in Part: (Drum) RX # 1722 #2 Red Capsules Control No. 12869 Each Capsule Contains: Methyltestosterone Five Milligrams; Yohimbine HCL. 5 Milligrams, Ext. Nux Vomica 5 Milligrams . . . ."

United States District Court, S. D. Texas, Houston Division.

August 17, 1972.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., Olney Wallis, Asst. U. S. Atty., Houston, Tex., for plaintiff.

Sol E. Abrams, and George F. Townes, Abrams, Bowen & Townes, Greenville, S. C., and Jerome R. Epstein, Houston, Tex., for defendant.

MEMORANDUM AND ORDER

CARL O. BUE, Jr., District Judge.

This is a seizure action brought under § 304 of the Federal Food, Drug & Cosmetic Act, 21 U.S.C. § 334, to condemn approximately 33,000 capsules of the drug Afrodex. The libel of information, filed on November 14, 1966, alleges that the capsules were misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce. Section 304 of the Act authorizes...

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