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United States v. Urbuteit

335 U.S. 355 (1948)

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United States v. Urbuteit

United States Supreme Court
335 U.S. 355 (1948)

MP

Facts

Urbuteit (defendant), a naturopathic physician in Florida, shipped electrical devices from Florida to one of his former pupils, Kelsch, in Ohio where Kelsch used them to treat patients and where Kelsch sold some of the devices to his patients. As part of the arrangement between Urbuteit and Kelsch regarding the devices, Urbuteit also supplied Kelsch with leaflets, which were sent separately from Florida to Ohio and after the devices were shipped. The leaflets explained the usefulness of the device to diagnose, treat, and cure various diseases, which constituted one form of labeling under the Federal Food, Drug, and Cosmetic Act (FDCA). The Food and Drug Administration (FDA) filed an action against Urbuteit for misbranding. The district court ruled for the FDA, and the Court of Appeals for the Fifth Circuit reversed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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