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U.S. v. UNDETERMINED QUANTITIES OF VAR. ARTICLES

Civ. A. No. H-91-610.

800 F.Supp. 499 (1992)

UNITED STATES of America, Plaintiff, v. UNDETERMINED QUANTITIES OF VARIOUS ARTICLES OF DEVICE CONSISTING IN WHOLE OR IN PART OF PROPLAST II OR PROPLAST HA; All Raw Materials; and In-Process Components on the Premises of Oral Surgery Marketing, Inc., and Novamed, Inc., 3142 Telge Street, and at OST Storage Center 3131 Old Spanish Trail, all in Houston, Texas, and Representative Quantity of Various Items of Written, Printed, and Graphic Matter Pertaining to Such Articles, Defendants.

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

March 11, 1992.

Attorney(s) appearing for the Case

Samuel G. Longoria, Asst. U.S. Atty., Mark S. Brown, Asst. Gen. Counsel, Food and Drug Administration, Houston, Tex., for plaintiff.

Tom Alexander, Alexander & McEvily, Houston, Tex., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HITTNER, District Judge.

Plaintiff United States of America ("the Government") brought this in rem forfeiture action pursuant to the Federal Food, Drug and Cosmetic Act ("the Act"), 21 U.S.C. § 301 et seq. Specifically, the Government alleges that the products under seizure are adulterated within the meaning of § 351(a) of the Act because they are not manufactured, packaged, processed or held...

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