United States v. 43 1/2 Gross Rubber Prophylactics Labeled in Part “Xcello's Prophylactics”

65 F. Supp. 534 (1946)

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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)

Alex Ruskell headshot
  • 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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Casebooks

Food and Drug Law

Key Terms

  • Federal Food, Drug, and Cosmetic Act of 1938A set of laws enacted by Congress giving authority to the Food and Drug Administration (FDA) to oversee the safety of food, drugs, and cosmetics.
  • Search and SeizureA law enforcement officer's search of a suspect's premises or property, followed by a seizure of incriminating evidence found during the search.

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