UNITED STATES v. AN ARTICLE OF DEVICE

No. 83-1404.

731 F.2d 1253 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. AN ARTICLE OF DEVICE ... "Toftness Radiation Detector," Toftness Post-Graduate School of Chiropractic, Inc., a corporation, and Irwing N. Toftness, an individual, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 1984.


Attorney(s) appearing for the Case

E. Campion Kersten, Kersten & McKinnon, Milwaukee, Wis., for defendants-appellants.

Don O. Burley, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before CUDAHY, ESCHBACH and COFFEY, Circuit Judges.


CUDAHY, Circuit Judge.

Under the Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq. (the "Act"), a prescription medical device is "misbranded" if it cannot be used safely and effectively for its intended purposes. The Toftness Radiation Detector ("TRD") is a chiropractic instrument which purportedly detects electromagnetic radiation from the human body and focuses that radiation so that a chiropractor can detect conditions which require chiropractic...

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