Empire Oil & Gas Corp. v. United States

Good Law
136 F.2d 868·1943 U.S. App. LEXIS 3153
United States Court of Appeals for the Ninth CircuitJune 28, 1943No. 10189California2,489 words

Opinion

Lead Opinion

Stephens, J.

Empire Oil and Gas Corporation (a corporation) and Chester Walker Colgrove, trading as Colusa Products Company, were informed against in three separate counts charging the violation of the Act of Congress (June 25, 1938), known as the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040 , 21 U.S.C.A. §§ 331 (a), 352(a). The corporation and Colgrove were tried by judge and jury and were convicted upon all three counts. Judgments and sentence followed and both the corporation and Col-grove appeal therefrom.

It is charged in all three counts that packages containing drugs which were sent into interstate commerce were misbranded in that the branding falsely claimed the drugs were efficacious in the treatment of various named diseases.

In counts I and II the following skin diseases are specifically named: eczema, psoriasis, acne, ringworm, Athlete’s Foot, burns, cuts, poison ivy and varicose ulcers. In count III the disease named is hemorrhoids or piles.

As to count III, an additional charge of misbranding is made that the labels on jars of ointment did not bear an accurate statement of the quantity of the contents in terms of weight and measure.

The evidence establishes without…

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