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UNITED STATES v. ARTICLE OF DRUG—OVA II

Civ. No. 745-72.

414 F.Supp. 660 (1975)

UNITED STATES of America, Plaintiff, v. An ARTICLE OF DRUG consisting of 2,000 cartons, more or less, each containing 2 empty vials and 2 bottles of liquid, and 1 insert, labeled in part: "Poison OVA II Contains Hydrochloric Acid. Use Solution only as directed. * * * First Aid * * * Mfg. for Faraday Laboratories * * *", etc., Faraday Laboratories, Inc., Claimant.

United States District Court, D. New Jersey.

July 16, 1975.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, U.S. Atty. by Bernard S. Davis, Asst. U.S. Atty., Newark, N.J. and Arthur Levine, Atty. of U.S. Food and Drug Administration, Washington, D.C., for plaintiff.

Alfonse J. Cifelli, Totowa, N.J. (Marcus, Rosen, Breslow, Levy, Jaffe & Fiorello, Totowa, N.J., and Robert H. Becker, Washington, D.C., of counsel), Kleinfeld, Kaplan & Becker, Washington, D.C., for claimant.

Opinion and Order

BIUNNO, District Judge.

This case involves the question whether a kit of chemicals and equipment, marketed in interstate commerce by Faraday Laboratories, Inc. under the name "OVA II", is a "drug" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321 et seq.

The kit is marketed with literature indicating its use for the purpose of performing, in the...

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