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UNITED STATES v. VARIOUS ARTICLES OF DEVICE IDENTIFIED IN ATTACHMENT "A"

No. CIV-2-91-416.

814 F.Supp. 32 (1992)

UNITED STATES of America v. VARIOUS ARTICLES OF DEVICE IDENTIFIED IN ATTACHMENT "A" Which Include Sporicidin Brand Disinfectant Agents and Sporicidin Cold Sterilizing Solution.

United States District Court, E.D. Tennessee, at Greeneville.

December 30, 1992.

Attorney(s) appearing for the Case

Gail L. Schmerfeld, Asst. Chief Counsel for Enforcement, Food and Drug Admin., D. Gregory Weddle, Asst. U.S. Atty., Knoxville, TN, for U.S.

Robert Van de Vurst, Jeffrey H. Benedict, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, TN, for Chem-Mix.

Bruce Shine, Kingsport, TN, and Donald E. Segal, Judith R. Brunton, Robert G. Pinco, Marshall L. Miller, Baker & Hostetler, Washington, DC, for Sporicidin.

ORDER

HULL, District Judge.

This is a civil forfeiture action brought pursuant to the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 334, requesting that this Court seize and condemn certain "articles of device" (disinfecting agents and sterilizing solutions) because they are adulterated or misbranded. The articles were arrested on December 13, 1991, pursuant to the Court's Warrant of Arrest in Rem. On December 19, 1991, Sporicidin International...

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