Court of Appeals for the Seventh Circuit June 10, 1981, 80-1904, 80-1905 and 80-1939 (United States v. an Article of Device ... Diapulse)

CUMMINGS, Circuit Judge.

These appeals arose from two civil seizures under Section 304(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 334(a)) to condemn two identical medical devices known as “Diapulse” devices.

1

The Government, on behalf of the Food and Drug Administration (FDA), alleged that the devices were misbranded within the meaning of 21 U.S.C.