6307. Trim Reducing-Aid cigarettes.    (F.D.C. No. 42261.    S. No. 22-017 P.)
QUANTITY :   487 bulk ctns., each containing 1 display ctn. containing 10 retail
pkgs. of 20 cigarettes each, at Kansas City, Kans.
SHIPPED:    7-10-58 and 8-20-58, by Cornell Drug Corp., New York, N.Y.
LABEL IN PART:    (Retail pkg.) "Trim Reducing-Aid Cigarettes   Filter Tip-20."
LIBELED :    9-26-58, Dist. Kans.
CHARGE: 502(a)-when shipped and while held for sale, the labeling of the
article contained the same false and misleading statements that were in
the labeling of the article involved in the case reported above in notice of
judgment No. 6304; 502(b) (1)-the article failed to bear a label containing
the place of business of the manufacturer, packer, or distributor; and
505(a)-the article was a new drug which may not be introduced into inter-
state commerce since an application filed pursuant to the law was not effective
with respect to the drug.
DISPOSITION : On or about 1-6-59, the Cornell Drug Corp., appeared as claimant
and filed an answer denying that the article was misbranded or a new drug.
Subsequently, the Government filed written interrogatories which were
answered by the claimant. Thereafter, the case was held in abeyance pend- /
ing the disposition of a similar proceeding in the District of New Jersey. V
Following the decision in favor of the Government which was made by the
court in the New Jersey case, as reported above in notice of judgment No.
6304, the Government filed, in the District of Kansas, a motion for summary
judgment in the instant case. The motion was granted, and, on 5-28-60, a
judgment was entered  condemning the article and ordering it destroyed.