FDA Notices of Judgment Collection, 1908-1966

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19. 2332. Alleged misbranding of Body Cell Salts. U. S. v. Kirkpatrick Laboratories, Inc., and Dr. George Kirkpatrick. Pleas of not guilty. Tried to the jury. Counts 1 and 3 dismissed. Verdict of guilty against the corporation on count 4. Disagreement on verdict with respect to both defendants on count 2 and with respect to individual on count 4. Motion of defendants for acquittal granted.

20. 2331. Misbranding of Fernel Intestinal Normalizer, Vitalgen, Fernel Slenda Creme, Fernel Obesine No. 1, Endogene, Slimming T-Ade, Climacteric No. 149, Roxor, Goat's Milk Capsules, Calcium Carduus Compound, Nedra, Linol, Neo-Senun Solution of Organic Marine Substances, Prostate Suppository, and Saw Palmetto & Silica Co. U. S. v. Dr. Jean Paul Fernel. Plea of not guilty. Tried to the jury. Verdict of guilty. Defendant sentenced to 1 year's imprisonment on each of 21 counts, with the sentence on counts 1, 2, and 3 running consecutively, the sentence on the remainder of the counts running concurrently with count 3, and the sentence on count 1 running concurrently with the sentence in a previous case.

44. 2307. Adulteration and misbranding of Holliday's Antiseptic Powder and mis branding of Holliday's Solution #5, Holliday's Cinotol-F, Holliday's Vaginal Ointment, and Holliday's Para Specific. U. S. v. Austin J. Holliday (Holliday's Pharmacal Laboratory). Plea of not guilty. Tried to the court. Verdict of guilty. Imposition of sentence suspended and defendant placed on probation for 5 years.

75. 12995. Alleged adulteration and misbranding of vitamin tablets. U. S. v. Michael Walsh (Kelp Laboratories). Defendant's motion granted to dismiss on grounds that guaranty provision of the law applies only to a guaranty that is false relative to an interstate shipment. On appeal to United State Supreme Court, judgment of District Court overruled and case remanded. Defendant's motion granted to dismiss on other grounds.