Court of Appeals for the Third Circuit December 3, 1963, No. 14437 (United States v. 60 28-Capsule Bottles)

PER CURIAM.

This is an appeal from a judgment of the district court condemning certain articles of drug as misbranded within the meaning of 21 U.S)C. § 352(a) (1958 ed.). The appellant contends that the district court erred in holding that *514the burden of proof on the United States in a misbranding action requires only that it prove its contention by a fair preponderance of the evidence.