United States v. 14 105 POUND BAGS, ETC., 2927.
Court | United States District Courts. 9th Circuit. District of Idaho |
Citation | 118 F. Supp. 837 |
Docket Number | No. 2927.,2927. |
Parties | UNITED STATES v. 14 105 POUND BAGS, MORE OR LESS, MINERAL COMPOUND et al. |
Decision Date | 07 April 1953 |
John A. Carver, U. S. Dist. Atty., Sylvan A. Jeppesen, Asst. Dist. Atty., Boise, Idaho, Paul M. Steffy, Special Asst. to the Atty. Gen., for plaintiff.
Beckwith & Langley, Twin Falls, Idaho, for defendant.
This cause having come on for hearing on the plaintiff's motion for summary judgment, the Court, after hearing oral argument and considering the pleadings, affidavits, and memoranda submitted by counsel for both parties, hereby makes the following findings of fact and conclusions of law:
Findings of Fact.
1. The article seized in this action consisted of a number of 105 lbs. bags of a mineral compound, the main ingredients of which are ammonium chloride, potassium chlorate, sodium sulfate, calcium carbonate, and tobacco powder.
2. The seized article was shipped in interstate commerce by the Hy-Life Mineral Company from Denver, Colorado, to Globe Seed & Feed Company, Inc., Twin Falls, Idaho, on or about October 4 and 11, 1951, and March 3, 1952.
3. When introduced into and while in interstate commerce the labeling of the article consisted of the following written, printed, and graphic matter:
4. The article was intended for use in the treatment of bloat in sheep and cattle.
5. When introduced into and while in interstate commerce the labeling of the article did not state that the article was intended to treat "bloat", nor did it bear any directions for use in the treatment of that disease.
6. While held for sale by the Globe Seed & Feed Company, Inc., at Twin Falls, Idaho, after shipment in interstate commerce, the article was accompanied by labeling which read, in part, as follows:
These statements suggest and imply that the article is effective in the prevention and treatment of bloat in sheep and cattle.
7. The claimants in this action are the Hy-Life Mineral Company, J. P. Rosenbaum, owner of the Hy-Life Mineral Company, and the Globe Seed & Feed Company, Inc., a corporation.
8. The Hy-Life Mineral Company and J. P. Rosenbaum, its owner, shipped the seized article in interstate commerce. The Globe Seed & Feed Company, Inc., obtained all right, title, and interest to the article through purchase from the Hy-Life Mineral Company and J. P. Rosenbaum.
9. In 1945 a seizure action was brought against a quantity of this same article under the name of "Blake's Stop-Bloat Chemicals" in the United States District Court for the District of Wyoming. It was alleged that the product was misbranded in that it was represented in its labeling as being effective when used as directed in preventing bloat in livestock. These representations were alleged to be false and misleading in that the article would not prevent bloat in livestock. While the claims of preventing bloat were stated in different language in the labeling involved in the 1945 seizure action, the impression made was substantially the same as that conveyed by the labeling involved in the present proceeding, namely, that the article would prevent bloat in livestock. The article involved in the seizure action in the United States District Court for the District of Wyoming consisted essentially of the same...
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