A. Schlessing, of 75 Articles of Device, More or Less, Designated as 'The Schlessing Ultrasoniseur,' Together With Their Labeling v. United States

This is a review of the denial of a motion by Schlessing to compel administrative approval of a method of distributing certain devices designated as “The Schlessing Ultrasoniseur” in the manner proposed by him. All these devices had been condemned in an action for the seizure of seventy-five of these devices prosecuted in the United States District Court for the Southern District of California. The six Ultrasoniseurs here in question were among those sequestered in that action.

Schlessing, as claimant, on October 22, 1952, agreed to a Consent Decree of Condemnation. By its terms all of these devices then in possession of the court, to the number of forty-seven, were adjudged adulterated and misbranded as alleged in the libel and were condemned under 21 U.S.C.A. § 334 (a). These articles, upon condemnation, were subject to destruction. However, in accordance with the stipulation for consent to the entry of such decree, it was therein provided that claimant was allowed the privilege of dis tributing such articles when released in the discretion of the administrative body. One provision in the consent decree declares in substance that the claimant shall not distribute the devices…