United States v. Article of Drug … “Decholin”
United States District Court for the Eastern District of Michigan
264 F. Supp. 473 (1967)
- Written by Alex Ruskell, JD
Facts
The United States sought to condemn 10,000 tablets of Decholin, an over-the-counter drug manufactured by the Ames Company, Inc. Decholin was intended to be used for indigestion, belching, and constipation, symptoms which could also be indicative of tract obstruction or organic disease. The label noted that a physician should be consulted if symptoms persisted or if there was severe pain, nausea, or vomiting. During the condemnation proceedings, experts stated that no doctor would prescribe Decholin for obstructions or organic diseases, but that its use for such ailments would not cause any harm. Additionally, the experts stated that people suffering from obstructions or organic disease would feel so ill that they would definitely seek professional help. Both the United States and Ames moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Freeman, J.)
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