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United States v. 43 ½ Gross Rubber Prophylactics Labeled in Part “Xcello’s Prophylactics”
United States District Court for the District of Minnesota
65 F. Supp. 534 (1946)
- Written by Alex Ruskell, JD
Facts
The government seized an entire shipment of prophylactics under the Food, Drug, and Cosmetic Act after finding samples from the shipment were defective. The manufacturer sued, claiming that the seizure was unlawful because the government had only tested some of the shipment and only 7.37 percent of the samples were found to be defective.
Rule of Law
Issue
Holding and Reasoning (Nordbye, J.)
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