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Ewing v. Mytinger & Casselberry, Inc.

339 U.S. 594 (1950)

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Ewing v. Mytinger & Casselberry, Inc.

United States Supreme Court
339 U.S. 594 (1950)

AR

Facts

For many years, Mytinger & Casselberry, Inc. (defendant) sold Nutrilite, a product made of vitamins and vegetables. Although Nutrilite was harmless, the government ordered its seizure under the Food, Drug, and Cosmetic Act because the booklet accompanying the product misled consumers as to Nutrilite’s curative powers. Mytinger sued for an injunction to stop the seizures, arguing that the multiple seizures of its product without first having a court hearing violated its due-process rights. The court ruled in Mytinger’s favor, and the government appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

Dissent (Jackson, J.)

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Casebooks

Food and Drug Law

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