FDA Notices of Judgment Collection, 1908-1966

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90. 3382. Suit for injunction to restrain prosecution of pending seizures of Nutrilite Food Supplement; to enjoin institution of additional seizures; and to test constitutionality of Section 304 (a) of the Act and administrative action taken thereunder. Mytinger & Casselberry, Inc., v. Oscar R. Ewing, Paul B. Dunbar, Charles W. Crawford, Louis D. Elliott, George P. Larrick, and Tom C. Clark. Motion for dismissal denied; defendants' petition to Supreme Court for writ of prohibition denied. Tried before three-judge court. Decree of permanent injunction; decree reversed upon appeal to Supreme Court.

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96. 2651. Misbranding of gonorrhea treatments, sulfathiazole tablets, sleeping potion, and ephedrine and amytal capsules. U. S. v. Irvin A. Feld and Israel S. Feld (Super Cut Rate Drugs), and James W. Spriggs, Joseph D. Cabaniss, and Arlington D. Anderson. Pleas of nolo contendere. Fine of $300 against Irvin A. Feld, $300 against Israel S. Feld, and $200 against each of the other defendants. Sentence of 60 days in jail also imposed against each defendant, to be served in event of nonpyament of fine.

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97. 3785. Adulteration and misbranding of cortisone acetate tablets. U. S. v. Albert Feldman (Calvert Chemists). Plea of nolo contendere. Issue raised as to matters which the court could consider in imposing sentence. Court ruled willfullness or intentional wrongdoing not alleged in the information cannot be considered by court in imposing sentence on plea of nolo contendere. Defendant fined $500, given suspended sentence of one year in prison, and placed on probation for one year.

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