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United States v. Urbuteit, 335 U.S. 355 (1948)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Urbuteit, 335 U.S. 355 (1948)
United States v. Urbuteit No. 13 Argued October 13-14, 1948 Decided November 22, 1948 335 U.S. 355
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Certain machines bearing no labeling other than name and serial number were shipped in interstate commerce. Subsequently, but as a part of the same transaction, there were shipped to the same consignee certain leaflets containing allegedly false and misleading statements relative to the value of the machines in the diagnosis, prevention, treatment and cure of disease. These leaflets were used by the consignee in explaining the use of the machines to his patients and in selling some of them to patients.
Held: the separate shipment of the machines and leaflets did not prevent the machines from being subject to condemnation under § 304(a) of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1044, 21 U.S.C. § 334, as devices "misbranded when introduced into" interstate commerce. Kordel v. United States, ante, p. 345. Pp. 355-358.
164 F.2d 245 reversed.
A federal district court ordered certain machines condemned under § 304(a) of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1044, 21 U.S.C. § 334. The Court of Appeals reversed. 164 F.2d 245. This Court granted certiorari. 333 U.S. 872. Reversed, p. 358.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Urbuteit, 335 U.S. 355 (1948) in 335 U.S. 355 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=A5XB5YU8RHX4VHN.
MLA: U.S. Supreme Court. "Syllabus." United States v. Urbuteit, 335 U.S. 355 (1948), in 335 U.S. 355, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A5XB5YU8RHX4VHN.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Urbuteit, 335 U.S. 355 (1948). cited in 1948, 335 U.S. 355. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=A5XB5YU8RHX4VHN.
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