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U.S. v. ARTICLES OF DRUG ... PROMISE TOOTHPASTE

No. 83 C 6129.

594 F.Supp. 211 (1984)

UNITED STATES of America, Plaintiff, v. ARTICLES OF DRUG ... PROMISE TOOTHPASTE FOR SENSITIVE TEETH * * * Active Ingredients: Potassium Nitrate, Sodium Monofluorophosphate ... Sensodyne-F Toothpaste for Sensitive Teeth * * * Active Ingredients: Potassium Nitrate, Sodium Monofluorophosphate ..., and Block Drug Company, Inc., a corporation, and Leonard N. Block and James A. Block, Defendants.

United States District Court, N.D. Illinois, E.D.

July 30, 1984.

Attorney(s) appearing for the Case

Ann H. Wion, FDA Associate Chief Counsel for Enforcement, Rockville, Md., Michael S. O'Connell, Asst. U.S. Atty., Chicago, Ill., for plaintiff.

Alan H. Kaplan, Thomas O. Henteleff, Marc H. Shapiro, David E. Kaplan, Kleinfeld, Kaplan & Becker, Washington, D.C., Thomas P. Sullivan, Daniel J. King, Jenner & Block, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

In this action the United States proceeds on libel of information against several cartons of toothpaste, and seeks injunctive relief against the manufacturer, Block Drug Company, Inc. ("Block"), and its officers Leonard N. Block and James A. Block. Block has filed a claim in the in rem proceeding. The toothpaste, by combining two active ingredients, is intended to combat both caries and dentinal...

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