"The manufacturer and claimant herein, Thayer Laboratories, has its main offices located in the Southern District of New York in the Borough of Manhattan. Pursuant to 21 U.S.C.A., 334 (a), claimant has filed a motion for an order removing this cause to the Eastern District of New York for trial. The motion is couched in language as follows:

Pursuant to 21 U.S.C.A., 334 (a), claimant, by and through its attorneys, moves the Court for an order removing this case for trial to the United States District Court for the Eastern District of New York, a district of reasonable proximity to the claimant's principal place of business in the Southern District of New York.

"The portion of the above statute applicable here provides as follows:

In any case where the number of libel for condemnation proceedings is limited as above provided the proceeding pending or instituted shall, on application of the claimant, seasonably made, be removed for trial to any district agreed upon by stipulation between the parties, or, in case of failure to so stipulate within a reasonable time, the claimant may apply to the court of the district in which the seizure has been made, and such court (after giving the United States attorney for such district reasonable notice and opportunity to be heard) shall by order, unless good cause to the contrary is shown, specify a district of reasonable proximity to the claimant's principal place of business, to which the case shall be removed for trial.

"The parties have at all times been unable to agree and stipulate as to a place for trial and, accordingly, the claimant filed its motion for removal. The Government opposes removal to the district specified in claimant's motion, suggesting instead that the case be transferred to the United States District Court of New Jersey, at Newark. It is contended by the parties that under the statute, sans a stipulation, the claimant has no right to removal of the case to the district of its principal place of business. The Government concedes that claimant has a right to removal to a district of 'reasonable proximity to the claimant's principal place of business.'

"The issue here arises from claimant's contention that it has the right to removal 'to a district specified in its motion' so long as that specified district is of reasonable proximity to but not in the district of its principal place of business. In support of this contention the claimant relies upon the legislative history of the statute. This contention was so vigorously urged in the claimant's brief that the Court yielded to a request for an oral hearing. At the conclusion of the oral hearing it was resolved that the statute is so clear and unambiguous that recourse to the legislative history is unnecessary. Upon direct inquiry by the Court at the oral hearing, claimant's counsel declared that its motion was intended to invoke the provisions of Section 334 (a), supra.

"There is nothing in the statute which suggests that claimant has the right to choose the judicial district, of reasonable proximity to the claimant's principal place of business, to which a seizure case shall be removed for trial. At this point it is important to note that the Government at no time opposed the removal of this cause from this district. However, the Government opposes the removal to the district specified in claimant's motion and suggests the case be removed to the District of New Jersey, at Newark.

"The statute clearly provides that upon motion of a claimant, the Court, not the parties, shall specify the district of reasonable proximity to claimant's place of business. Under the Act, the power of removal is exclusively conferred upon this Court, barring, of course, the existence of a stipulation of the parties on the subject, United States v. United States District Court for the Eastern District of Arkansas, et al., 226 F. 2d 238.

"Having declared that this motion is in compliance with Section 334 (a), supra, and that its purpose is to invoke the provisions of such section, the claimant would limit the Court, in dealing with and disposing of the motion, to the claimant's choice or selection. I cannot agree with the interpretation and contention of the claimant. The character of a motion is determined by the facts stated and the relief authorized to be granted.

"Therefore, the Court will order that this case shall be removed for tria. to the United States District Court for the District of New Jersey, at Newark, New Jersey."

Pursuant to the foregoing opinion, the court, on 9-6-60, entered an order directing that the case be removed for trial to the District of New Jersey The claimant filed a motion for reconsideration of the order of removal and on or about 10-4-60, such motion was overruled by the United States District Court for the Northern District of Ohio. Thereafter, the claimant filed a me tion with the United States District Court for the District of New Jersey t remand the case to the Northern District of Ohio which was subsequent denied.

Interrogatories were served upon the claimant by the Government after which the claimant submitted answers to some of the interrogatories and objections to the others. The claimant also served interrogatories upon the 1 Government, following which the Government filed a motion for an order com pelling claimant to answer the Government's interrogatories and to stay the time for the Government to object or answer the claimant's interrogatories The court, on 3-20-61, after consideration of the briefs and arguments counsel, entered an order denying the Government's motion for a stay; st taining claimant's objections to some of the Government's interrogatories denying claimant's objections to certain other interrogatories; and directing that certain interrogatories be modified.

On 4-19-62, the claimant having filed a motion for leave to withdraw its claim and answer, the court granted the motion and entered an order providing for condemnation and destruction of the article.

7077. Various drugs. (Inj. No. 417.)

COMPLAINT FOR INJUNCTION FILED: 8-31-61, E. Dist. Wis., against Royal Lee an individual; Vitamin Products Co., a corporation; Lee Foundation for Nutri tional Research, a corporation; Endocardiograph Co., Inc.; and Leeland, Inc: all of Milwaukee, Wis.

CHARGE: The complaint alleged that the defendants were engaged in the bas ness of manufacturing, packing, repacking, labeling, relabeling, promoting, sel ing, and distributing the following drugs: Acidophilus Yeast tablets, Lact: Acid Yeast wafers, Catalyn tablets, Cyro-Yeast tablets, Cyroples wafer Cataplex A tablets, Vitamin A Complex wafers, Cataplex A & C tablets, Vita min A & C Complexes wafers, Vitamin A-C-P Complexes wafers, Catapler A & F with Betaris tablets, Vitamin A & F with Betafood wafers, Cataples i tablets, Vitamin B Complex wafers, Cataplex C tablets, Vitamin C Comp wafers, Cataplex D tablets, Vitamin D Complex wafers, Cataplex E table Vitamin E Complex wafers, Cataplex F tablets, Vitamin F Complez wa'm Cataplex G tablets, Vitamin G Complex wafers, Phosphade liquid, Phostovi i liquid, Phosphade wafers, Phosfood wafers, Phosfood Powder, Cerol Perio Vitamin E Wheat Germ Oil Perles, Eflex Perles, Vitamin F Oil Perles, Vin: plex tablets, Organic Minerals wafers, Ferroplus tablets, Ferrofood water Cerodyn tablets, Cyrofood tablets, Cyrofood D tablets, Calciphade tablets, Ca ciplex tablets, Calsol wafers, Protedyn capsules, Protefood capsules, Beter tablets, Betafood wafers, Betalco tablets, Betacol wafers, Rutaplez tabira Cyruta wafers, Rutaplex A tablets, Cyruta A wafers, Biost tablets, Calcityc A tablets, Eff-Plus tablets, Super-Eff capsules, Catapler E, tablets, Vitamın İ. wafers, Biost tablets, Ostogen wafers, Adrenamin wafers, Cyrofood tabiti Allorganic Trace Minerals tablets, Anti-Pyrexin wafers, Arginez tablets, Bis Dent tablets, betaine hydrochloride tablets, Cal-Amo tablets, calcium lacts"

tablets, Carbamide tablets, Aqueous Chlorophyll capsules, Chlorophyll Perles, Fat Soluble Chlorophyll ointment, Cholacol tablets, Choline tablets, Collinsonia capsules, Comfrey, Pepsin & E, capsules, Di-Sodium Phosphate tablets, Formula G-E-C tablets, Inositol tablets, Lecithin Perles, Manganese Glycerophosphate tablets, Niacinamide B. capsules, Nucleo-Protein capsules, Orchex tablets, Organic Iodine tablets, potassium bicarbonate USP, Proster tablets, RiboNucleic Acid tablets, sodium citrate tablets, vitamin B1 tablets, Vitamin F ointment, Vitamin F liniment, Zymex wafers, Beef Adrenal tablets, Beef Bone (Ostogen) tablets, Beef Brain tablets, Beef Epithelial Tissue tablets, Beef Eye tablets, Beef Heart (Cardiotrophin) tablets, Beef Kidney tablets, Beef Liver tablets, Beef Lung (Pneumotrophin) tablets, Beef Orchic tablets, Beef Ovary tablets, Beef Pancreas tablets, Beef Parotid tablets, Beef Pituitary tablets, Beef Prostate tablets, Beef Spleen tablets, Beef Thymus tablets, Beef Thyroid tablets, Beef Uterus tablets, Beef Mammary tablets, Beef Muscle tablets, and | Bile Salt tablets.

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The complaint alleged further that in the promotion, sale, and distribution of these drugs, defendants employed labels and accompanying labeling including the following written, printed, and graphic matter: booklets entitled, "Schedule of Recommendations for Specific Conditions of Malnutrition . . . Therapeutic Foods Co." and "Schedule of Recommendations for Specific Conditions of Malnutrition . . . Vitamin Products Co."; looseleaf folders entitled, "Therapeutic Food Manual.," "Therapeutic Foods Company Product Information for Doctors.," and "Vitamin Products Company Product Information for Doctors."; booklets entitled, "Standard Process Laboratories... Protomorphogens Non-Vitamin Food Factors.," "Applied Trophology ... 1957, Volume 1, numbers 1-12," and "Applied Trophology . . . 1958, Volume 2, numbers 1-12"; leaflets entitled, "Deficiency Examination Questionnaire." and "How to Use the Deficiency Examination Questionnaire."; booklets entitled, "The Possible Relation of Nutritional Deficiencies to Diabetes.," "Nutrition and Arthritis.," "The Possible Relation of Nutritional Deficiencies to Stomach Ulcers.," "The Possible Relation of Nutritional Deficiencies to Sex Disorders.," "Applied Protomorphology.," "Issues on Relations of Vitamins to Heart Disease.," "The Possible Relation of Nutritional Deficiencies to Prostatic Hypertrophy.," and "Applied Physiology of the Adrenal Glands."; looseleaf booklet entitled, "Vitamin News."; looseleaf folder entitled, "Clinical Coordination Manual Product Bulletin . . . Therapeutic Foods Company."; pamphlet entitled, "Suggestions for Taking Supplements and Reactions that Might Occur."; booklet entitled, "A Survey of Vitamin F."; looseleaf folder entitled, "Therabeutic Foods Company . . . Doctors Books An Introduction to Clinical Nurition."; booklet entitled, "Endocardiograph Operation Interpretations and Suggested Therapeutic Measures . . . Endo Cardiograph Company, Milwaukee."; looseleaf folder entitled, “Cytrophic Extracts - Standard Process Laboraories, Milwaukee 3, Wisconsin."; booklet entitled, "Anti-Gastrin . . . Standard Process Laboratories, Milwaukee, Wisconsin."; double-pocket folder entitled, Introduction to Natural Vitamins (for the Dental Profession) ... Vitamin Products Company" containing: booklets entitled, "Joan" by Fred D. Miller, D.D.S., "Schedule of Recommendations for Specific Conditions of Malnutriion.," "Introducing... Vitamins with their Natural Synergists.," "Our Teeth nd our Soils" by William A. Albrecht, and "Case of Dental Caries vs. the ugar Interests."; leaflets entitled, “Nutrition and Dental Disease" by Allison . James, D.D.S., "What Is A Vitamin?," "Clinical Nutrition (- Foods vs. rugs -)," and "The Fallacy of 'High Potency' in Vitamin Dosage."; booklets

entitled, "Calcium" by William A. Albrecht . . . Reprint No. 8, Lee Founde tion for Nutritional Research., "How Our Government Subsidizes Malnutritio and Disease . . . Special Bulletin 1-49, Lee Foundation for Nutritional Re search.," and "Fundamentals of Nutrition for Physicians and Dentists ... Re print No. 33, Lee Foundation for Nutritional Research."; leaflet entitled. "Reprint No. 49-A Lee Foundation for Nutritional Research, Milwauke Wisconsin Proceedings. . . The Well-Fed Tooth."; booklets entitled, “A Practical Way to Avoid Malnutrition . . . Lee Foundation for Nutrition Research." and "Some Phases of Our Many-Sided Denture Problem.”; leafes entitled, "Biost V-P 730.," "The Importance of Food Enzymes in Promoting Mineral Assimilation.," "Calcium Types in Dentistry . . . Lee Foundatic: for Nutritional Research.,” “Experiences of One Dentist With V-P Products." and "For Physicians Only CHLOROPHYLL-Physiological Effects."; order forms of Vitamin Products Co., Therapeutic Foods Co., and Standard Process Laboratories. ; double-pocket folder entitled, "Introduction to Natural Vitamins ... Vitamin Products Co." containing: booklet entitled, "A Practical Way= Avoid Malnutrition . . . Lee Foundation for Nutritional Research."; leafe: entitled, "Acid or Alkaline Diet Control."; cards entitled, "Cancer - Nutrition Factors In.," "Cardiovascular Disease and Malnutrition.," and "Fatigue Malnutrition Syndrome."; booklets entitled, "Introducing . . . Vitamins with their Natural Synergists." and "Catalogue and Price List . . . Standar. Process Laboratories."; leaflets entitled, "Deficiency Examination Question naire.," "How to Use the Deficiency Examination Questionnaire.,” and “F Physicians Only CHLOROPHYLL-Physiological Effects."; booklets entitled "Vitamin F in the Treatment of Prostatic Hypertrophy... Lee Foundati for Nutritional Research.," "Practical Aspects of Applied Nutrition ... Reprint No. 61, Lee Foundation for Nutritional Research.," "The Special Nutri tional Qualities of Natural Foods ... Lee Foundation for Nutritional Re search.," "How and Why Synthetic Poisons are Being Sold as Imitations Natural Foods and Drugs ... Lee Foundation for Nutritional Research." "The Effect of Aluminum Compounds in Foods . . . Lee Foundation for N: tritional Research.," "How Our Government Subsidizes Malnutrition and Dease... Special Bulletin 1-49, Lee Foundation for Nutritional Research. and "A Discussion of the Forms of Blood Calcium . . . Lee Foundation f Nutritional Research."; leaflets entitled, "Some Interrelations Between V:2 mins and Hormones.," "Clinical Nutrition (- Foods vs. Drugs -)," T Fallacy of 'High Potency' in Vitamin Dosage.," "Information on Prodar Manufactured by The Vitamin Products Company.," "Cardiotrophin A HeL Protomorphogen.," "Pneumotrophin.,” “Anti – Pyrexin.," "Zymex.," "Catap A & F with Betaris.," "Rutaplex A.," "Cerol.," "Biost.," "Cataplex E," "The Importance of Food Enzymes in Promoting Mineral Assimilation."; arbr forms of Standard Process Laboratories and Vitamin Products Co.; loosel folders entitled, "Portfolio of Reprints for the Doctor... Lee Foundat for Nutritional Research." and "Portfolio of Reprints for the Layman Housewife... Lee Foundation for Nutritional Research."; booklets entit "Applied Trophology. . . Vol. 3, January-December 1959, monthly issues." "Applied Trophology. . . Vol. 4, January - December 1960, monthly issues. and "Applied Trophology. Vol. 5, January-July 1961, monthly issues looseleaf folder entitled, "Portfolio of Reprints for the Agriculturist • Foundation for Nutritional Research Milwaukee 3, Wisconsin"; leaflet e titled, in part, “Catalyn *** Vitamin Products Company Milwaukee ! Wisconsin."; looseleaf folder entitled, in part, "Syncrinology

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leaf folder entitled, "The Possible Relation of Nutritional Deficiencies to Dental Disease"; leaflet entitled, in part, “Cardiotrophin *** Standard Process Laboratories - Milwaukee 1, Wisconsin"; looseleaf folder entitled "Poliomyelitis"; looseleaf folder with no title—first page starts, “Clinical Appraisal Report"; looseleaf folder entitled, "Portfolio of Reprints for the Housewife * Lee Foundation for Nutritional Research"; and other similar written, printed, and graphic material.

The complaint alleged further that in carrying on the business of distributing these drugs and labeling, the defendants employed essentially the following methods of operation:

Various quantities of the drugs and labeling were shipped by the defendants from time to time, from Milwaukee, Wis., to defendants' employees, agents, servants, representatives, franchise holders, and distributors located in many major cities in the United States, who, in turn, at defendants' direction, promoted defendants' products to various medical and general practitioners, and to the general public, by use of the described labeling and by other means, and distributed and sold defendants' products to such practitioners and to the general public. Some pieces of the labeling were also mailed direct, by the defendants, from Milwaukee, Wis., to various practitioners of the medical and dental professions throughout the United States, together with order forms for the drugs; and the drugs were subsequently shipped, by the defendants, from Milwaukee, Wis., direct to those practitioners who executed and sent in order forms to the defendants.

The complaint alleged further that the drugs were misbranded under 502 (a) in that their labeling falsely represented and suggested that the drugs, simply or in combination, were an adequate and effective treatment for one or more of the following symptoms, diseases, and conditions: acid urine, ascites, arteriosclerosis, adrenal insufficiency, anoxia, anorexia, adrenal dysfunction, asthma allergic states, alkalosis, acidosis, acute indigestion, allergies, aging process, achlorhydria, autonomic unbalance, amenorrhea, abortion, angina pectoris, acne vulgaris, anemia, asthenia, arcus senilis, albuminuria, alcoholism, adiposity, asthenic behavior, absence of hair growth, angelic tendency, anxiety, atonic constipation, atonic sphincters, Anders' disease, bursitis, bronchitis, burning skin, blood sludge "thickening", breathlessness, blood pressure changes, boils, burns, Buerger's disease, brucellosis, biliary stasis, backward children, brain concussion, brain dysfunction, bradycardia, bed sores, bloody stool, blurred vision, body odor, bone regeneration, brittle nails, burning sensations on feet, bone fracture repair, boggy uterus, "crawling" sensations of the skin, calcium therapy, cheilosis, chronic cough, cystitis, "cold-sweat" type perspiration, calcium deficiency symptoms, circulatory disturbances, coronary sclerosis, chronic indigestion, constipation, chronic diseases, cancer, cramps, congenital weakness, craving for acids, colds, caries, cataracts, conjunctivitis, cerebral palsy, cold hands and feet, chorea, cardiac arrhythmia, cholesterol, cardiac edema, cerebral hemorrhage, children's infectious diseases, chicken pox, cirrhosis of the liver, convulsions in infants, coronary insufficiency, craving for salt, chronic hypertrophy of tonsils and adenoids, congenital anemia, craving for alcohol, collagen diseases, controlling edema, combatting capillary engorgement, cigarette cough, carbuncles, cretins, dislike for closed rooms, dysmenorrhea, diarrhea, decreased appetite, dry skin, deficient intake of acid-ash foods, dysphagia, dryness of mouth, dry, hard stool, diminished urination, diminished perspiration, dizziness, drowsiness, dermatitis, diabetes, diarrhea of infants, dropsy, deafness, denture irritation, delirium, disc lesions,