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United States v. Undetermined Quantities of an Article of Device … “Depilatron Epilator”

United States District Court for the Southern District of New York
473 F. Supp. 913 (1979)

Written by Alex Ruskell, JD

Facts

The United States brought an in rem proceeding under the Food, Drug, and Cosmetic Act for forfeiture and condemnation of a depilatory device. The owner of the device moved to dismiss, arguing that the act’s Medical Device Amendments of 1976 were unconstitutional because they allowed seizure of medical devices without proof of interstate commerce.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

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Holding and Reasoning (Sand, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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