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UNITED STATES v. AN ARTICLE OF DRUG, ETC.

Civ. No. 72-3.

362 F.Supp. 424 (1973)

UNITED STATES of America, Plaintiff, v. AN ARTICLE OF DRUG consisting of 275 cartons, more or less, LABELED in part: (carton) "ENTROL-C MEDICATED For use as a vitamin-mineral and electrolyte supplement, and as an aid in reducing growths of Candida albicans, Streptococci and Staphylococci in the contents of the digestive tracts of cattle of all ages. Active Ingredient — Methylrosaniline Chloride 0.33% Other ingredients: Sodium Propionate *** Directions for Use *** Naremco, Inc. Box 1572 S. S. S. Springfield, Missouri *** Net Weight: 25 pounds ***" and including as accompanying labeling for the article undetermined numbers of leaflets entitled "Entrol C Medicated Cattle Formula", Defendant.

United States District Court, S. D. California.

On Motion to Reconsider June 26, 1973.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., by John R. Neece, Asst. U. S. Atty., San Diego, Cal., Jay H. Geller, U. S. Dept. of Health, Education and Welfare, Rockville, Md., for plaintiff.

Gray, Cary, Ames & Frye, by Clyde A. Romney, San Diego, Cal., and Neale, Newman, Bradshaw & Freeman, Springfield, Mo., for defendant.

MEMORANDUM OPINION

TURRENTINE, District Judge.

This is a civil in rem action arising under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., to condemn a quantity of the article "Entrol-C Medicated."

On or about September 2, September 14 and October 15, 1971, claimant herein, Naremco, Inc., shipped an article of drug consisting of 275 cartons, more or less, labeled in part "Entrol-C Medicated", from Springfield, Missouri to Heber...

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