The opinion of the court was delivered by: Roszkowski, District Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This matter is before the court for a ruling following a bench
trial beginning on December 12, 1979 and ending on December 19,
This is an action for a civil in rem seizure and injunction
brought pursuant to the provisions of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. § 301, et seq., (the "Act"). Plaintiff is
seeking condemnation, pursuant to 21 U.S.C. § 334, of an article
of food generally referred to as Aangamik 15 tablets.
Plaintiff commenced six in rem seizure actions, one each in the
Districts of New Jersey, Oregon, Hawaii and the Southern District
of Florida, and two in the Northern District of Illinois. The six
actions were consolidated for trial in the Northern District of
Illinois pursuant to the provisions of 21 U.S.C. § 334(b).
FoodScience Laboratories, Inc. ("FoodScience"), manufacturer of
Aangamik 15, filed a claim to the Aangamik tablets under seizure
in this consolidated case.
Subsequently, plaintiff was allowed to amend the complaints to
include a prayer for injunctive relief against claimant. Claimant
filed an amended answer asserting as an affirmative defense this
court's lack of in personam jurisdiction over the person of the
At trial, FoodScience moved to dismiss the complaint against it
as a defendant in an injunction action. The court reserved ruling
on that motion until the close of the case.
See, also United States v. 184 Barrels Dried Whole Eggs,
53 F. Supp. 652 (E.D.Wis. 1943). Consequently, it is in the interest
of judicial economy for the court to consider all of plaintiff's
prayers for relief at the same time.
Plaintiff's complaint alleges that Aangamik 15 is a food which
is adulterated within the meaning of 21 U.S.C. § 342(a)(2)(C) in
that it bears or contains a food additive which is unsafe within
the meaning of 21 U.S.C. § 348(a). Plaintiff further alleges that
the Aangamik 15 is misbranded within the meaning of 21 U.S.C. § 343(a)
and § 343(i)(2).
Finally, plaintiff alleges that claimant/defendant, FoodScience
Laboratories, Inc., has been and is now engaged in the delivery
or introduction for delivery into interstate commerce of the
Aangamik 15 in violation of section 331(a) of the Act, 21 U.S.C. § 331(a).
Plaintiff seeks injunctive relief pursuant to the
provisions of 21 U.S.C. § 332.
Defendants are the articles of food seized in the consolidated
cases and FoodScience Laboratories, Inc., a corporation organized
and existing under the laws of the State of Vermont.
The Aangamik 15 tablets under seizure (the "Aangamik 15
tablets") contain a mixture of N,N-Dimethylglycine hydrochloride
(N,N-Dimethylglycine), calcium gluconate, Avicel, Stearic Acid,
and Dicalcium Phosphate.
The Aangamik 15 tablets were shipped in interstate commerce
from the State of Vermont to the States of Illinois, Florida,
Oregon, Hawaii and New Jersey. The tablets were shipped in
interstate commerce to Illinois, Florida, Oregon, Hawaii and ...