0 d r l d, r , nd C t A t pr nt n A p r Sl p n r ll r seizure, known as the Hubbard Electrometer n z d b l f d xp rt f nd ff or the Hubbard E-Meter (hereinafter re- t v n r l v n p n nd nd n l p. ferred to as E-meter) is misbranded within f t l t n n b d t x t th the meaning of 21 U.S.C. 352(a) and (f)(i) r p t t th lt t , nd th rt and the seized articles, i.e., the E-meters and t n l d th t A p r Sl p "n all writings seized, are condemned pursuant dr " th n th n n f 2 U. S. C. to 21 U.S.C. 334(a); and it is further § 2 (p . United States v. 7 C rt n . . . ORDERED, ADJUDGED, AND DE- "Ferro-Lac Swine Formula Concentrate," 2 CREED, pursuant to 21 U.S.C. 334(e), that . S pp. 660 (S. . Ill. 68 , ff d, 424 the United States of America shall have and . 2d 64 ( th C r. 0 . h G v rn nt recover from the claimants herein jointly and th r f r nt tl d t r j d nt. severally all court costs and fees (excluding l 6( , d r l l f C v l r d r . costs and fees relative to the appeal following It th r f r rd r d th t th z d the first trial), and storage and other proper rt l , A p r Sl p, b nd t h r b expenses, to be taxed; and it is further nd n d nd f rf t d t th Un t d ORDERED, ADJUDGED, AND DE- St t f A r p r nt t 2 U. S. C. CREED that the United States Marshal for § 4. h Un t d St t M r h l f r th this District shall release such condemned rth rn tr t f Ill n d r t d t E-meters and literature from his custody to d tr th nd n d rt l nd the custody of the claimant, the Founding d r t rn t th rt p r nt t 21 Church of Scientology of Washington, D.C., U. S. C. § 4(d . Inc., for the purpose of bringing the con- It f rth r rd r d th t th b , demned devices and literature into compliance and t h r b , d d th th l nt, with the law provided such claimant, within Y n r b r t r , In ., t p ll t 90 days from the date of this Order so re- h r n. quests and (a) pays in full the aforementioned court costs and fees, and storage and other proper expenses of the proceeding herein, UNITED STATES v. AN ARTICLE and (b) executes and files with the Clerk of OF DEVICE ... "HUBBARD this Court a good and sufficient penal bond ELECTROMETER" OR with surety, in the sum of $20,000, payable "HUBBARD E-METER," ETC. to the United States of America and condi- tioned on the claimant's abiding by and pre- Un t d St t tr t C rt f r th forming all the terms and conditions of this tr t f C l b . . .C. 6 . Order, and if claimant does not avail itself of S pt b r 2 , . the opportunity to repossess the condemned In a seizure action by the Government article within the 90 days specified, the against the Hubbard E-Meter, the court or- United States Marshal for this District shall dered, inter alia, condemnation of the seized forthwith destroy all E-meters in his pos- articles, and release of condemned E-Meters session and control; and it is further and literature to claimant for the purpose of ORDERED, ADJUDGED, AND DE- bringing the devices and literature into com- CREED that an E-meter shall be deemed to pliance with the law. The court further or- comply with the law if and only if it is used, dered that E-Meters be restricted for use only sold or distributed in accordance with the in bona fide religious counseling. following specific conditions: Sections 304(a), 304(e), 502(a), 502(f)(1), Federal Food, Drug, and Cosmetic Act. 1. E-meters shall be used or sold or dis- tributed only for use in bona fide religious counseling. O E 2. No user, purchaser or distributee (other In accordance with the findings of fact and than the Founding Church of Scientology of conclusions of law contained in the Memo- Washington, D.C., Inc., or an ordained randum Opinion of this Court dated July 30, practicing minister of that Church) shall be 1971, which are incorporated herein and considered engaged in bona fide religious made a part hereof, it is counseling unless and until such user, pur- ORDERED, ADJUDGED, AND DE- chaser, or distributee files by mail or other- CREED that the article of device under wise (a) an affidavit, under oath, with the S z r C
Commissioner, United States Food and Drug The written statements or contract forms Administration, Washington, D.C., setting referred to in this paragraph shall be retained forth in adequate detail the factual basis on and preserved, by the person or organization which such user, purchaser or distributee providing the auditing, processing or counsel- claims he will be engaged in bona fide reli- ing service for a period of three years. The gious counseling, and (b) a statement, under written statements and contract forms shall oath, that he has read and will comply with be provided for inspection and copying by any this Order and the terms and conditions of duly qualified representative of the United the warning affixed to the E-meter as re- States Food and Drug Administration, upon quired by paragraph 3, immediately below, presentation of appropriate credentials. of this Order. 5. Any and all items of written, printed, 3. Each E-meter shall bear the following or graphic matter which directly or indirectly warning, printed in 11-point leaded type, refers to the E-meter or to Dianetics and/or permanently affixed to the front of the E- Scientology and/or auditing or processing meter so that it is clearly visible when the which prior to the date this Order becomes E-meter is used, sold, or distributed: final were distributed directly or indirectly by The E-meter is a device which has been a seller or distributor of any E-meter, or by condemned by Order of a Federal Court for any organization or person utilizing or pro- moting the use of any E-meter, shall not be misrepresentation and misbranding, in vio- further used or distributed by any such seller, lation of the Federal Food, Drug, and distributor or organization unless and until Cosmetic Act. Use of the E-meter is per- the item shall bear the following prominent mitted only as part of bona-fide religious printed warning permanently affixed to said activity. The E-meter is not medically or item on the outside front cover or on the title scientifically useful for the diagnosis, treat- page in letters no smaller than 11-point ment, or prevention of any disease. It is not leaded type: medically or scientifically capable of im- proving the health or bodily functions of WARNING anyone. Any person using, selling or dis- tributing the E-meter is forbidden by law The device known as a Hubbard Electro- to represent, state or imply that the E- meter, or E-meter, used in auditing, a proc- meter is useful in the diagnosis, treatment, ess of Scientology and Dianetics, has been or prevention of any disease. condemned by Order of a Federal Court on the grounds that the literature referring to 4. Every individual who receives auditing Dianetics or Scientology contains false and or processing or counseling in which an E- misleading claims of a medical or scientific meter is used shall be required to sign and nature. It is a violation of law for anyone date a written statement or contract form to represent that the E-meter is useful in which shall also be signed by the person of- the diagnosis, treatment, or prevention of fering such services and indicating the name any disease, or that it is medically or sci- and address of the organization, if any, with entifically capable of improving any bodily which such person is affiliated. The state- function. ment or contract form shall include the fol- lowing statement in not less than 11-point 6. Any advertisement or other written, type: printed or graphic material of any kind pre- pared subsequently to this Order and used directly or indirectly to further the use, sale I understand and have been advised that or distribution of any E-meter shall not rep- the device known as a Hubbard Electro- resent that the E-meter is useful in the diag- meter, or E-meter, has been condemned by nosis, treatment or prevention of any disease Order of a Federal Court on the grounds and shall not contain any false or misleading that the literature referring to Dianetics claims of a medical or scientific nature con- or Scientology contains false and mislead- cerning the use of the E-meter or benefits ing claims of a medical or scientific nature. derived from such use; and it is further I understand it is a violation of law for n n to represent that the E-meter is ORDERED, ADJUDGED, AND DE- useful in the diagnosis, treatment, or pre- CREED that the bringing of the seized and vention of any disease, or that it is medi- condemned E-meters and literature into com- cally or scientifically capable of improving pliance with the provisions of the Federal any bodily function. Food, Drug, and Cosmetic Act, as specified 2 d r l d, r , nd C t A t in this Order, shall be performed under the CITY DAIRY PRODUCTS, INC. reasonable supervision of a duly authorized . ", ET AL.; AND UNITED representative of the United States Food and STATES v. ARTICLES OF FOOD Drug Administration. Claimant, the Found- . . . 514 CANS . ., ET AL. ing Church of Scientology of Washington, D.C., In ., shall compensate the United Un t d St t tr t C rt f r th States of America for costs of reasonable rth rn tr t f G r , Atl nt supervision of matters under the direction or v n. . 4 82 4 84, 4 6 nd control of the Church at the rate of $8.00 per 482 . hour, per representative for each hour or M r h 8, 2. portion thereof actually employed in such . S pp. . supervision under the terms of this Decree as Frozen whole eggs and sugar yolks were salary or wage; and where subsistence ex- seized because of alleged adulteration. In penses are incurred, at the rate of $25.00 per five consolidated actions to condemn and day or portion thereof per person for such destroy the eggs, the court found that the subsistence expenses. Said claimant shall eggs had been produced under insanitary also compensate the United States of America conditions in violation of section 402(a)(4) for necessary traveling expenses and for any of the Act, that there was evidence of Sal- other necessary expenses which may be in- monella poisoning of the eggs in violation of curred in connection with supervisory re- section 402(a)(1), and that they were ac- sponsibilities of the United States Food and cordingly subject to seizure and condem- Drug Administration, and it is further nation. As to alleged violations of section 402(a)(3) on decomposed substances, how- ORDERED, ADJUDGED, AND DE- ever, the court ruled that the Government CUED that within one year from the date had failed to sustain its case. It so held this Order becomes final the United States of even while adhering to the rule that a food America shall file with the Clerk of this may be condemned under the Act as decom- Court a full statement indicating whether posed, filthy or putrid even if it is not un- and to what extent the terms and conditions fit for food. of this Order have been performed, and shall then show cause why the bond given in this Sections 201(f), 304, 401, 402(a)(1), 402 proceeding shall not be cancelled and dis- (a)(3), 402(a)(4), 702, 704, Federal Food, charged; and it is further Drug, and Cosmetic Act. SIDNEY 0. SMITH, Jr., Chief Judge. ORDERED, ADJUDGED, AND DE- CREED that this Court expressly retains These five actions were brought in differ- jurisdiction for a period of one year from the ent parts of the United States pursuant to date this Order becomes final to issue such Section 304 of the Federal Food, Drug and further orders as may be necessary to the Cosmetic Act (21 U. S. C. § 334) to con- proper disposition of this proceeding. demn and destroy as adulterated various lots of pasteurized frozen whole eggs and sugar yolks processed and introduced into
interstate commerce by the Golden Egg Prod- . ucts, Inc. of Oneonta, Alabama ("Golden UNITED STATES v. AN ARTICLE Egg"). Proceeding under the statute, the OF FOOD ... PASTEURIZED government contends that the lots were "adulterated" in one or more of the defini- WHOLE EGGS . . . FRIGID FOOD tions prescribed by Congress in 21 U. S. C. PRODUCTS, INC. . . .; UNITED § 342, which provides in part: STATES v. ARTICLES OF FOOD CONSISTING OF: 1,250 CANS "A food shall be deemed to be adulterated— . ., ET AL; UNITED STATES v. (a),(1) If it bears or contains any poison- APPROXIMATELY. 26 CANS .. . ous or deleterious substance which may ren- "SUGAR YOLKS . . . GOLDEN der it injurious to health; EGG PRODUCTS, INC . . ., ET AL.; UNITED STATES v. ARTICLES (3) If it consists in whole or in part of OF FOOD . . . "PASTEURIZED any filthy, putrid, or decomposed substance, FROZEN WHOLE EGGS . . . SUN or Seizure Cases 131
r , nd C t A t t f t nd E CU IAM : h n t b h v th d nt t nd tr n th, nd t h rd n th r rd n pp l fr th th l t nd p r t h r t r t h h Un t d St t tr t C rt f r th th p rp rt r r r pr nt d t p . tr t f C l b , nd r d b 2. r th t r n t th d nt l rt n l. Wh l th pr nt d l th r l b l n nd t th t b r n n n d f r n p n n, th h v br nd d nd r tl 2 , Un t d St t b n rd d f ll n d r t n b th C d , S t n 2( . h z d dr rt. S l l ( . r lv t 0 t 0 nd r b x n On th b f th r rd nn t 0 t 0 r br nd d th n th th t th f nd n f th tr t C rt r n n f tl 2 , Un t d St t C d , l rl rr n . h j d nt f th S t n 2( n th t th r l b l n n tr t C rt, h v r, ld nv lv th t n f l nd l d n r pr nt t n G v rn nt nd th rt n n x v th r p t t th r tr n th. nt n l nt th r l n, n v. K rtz n, 402 U. S. 602 ( , n r t n . r nt t tl 2 , Un t d St t n h h th l t t v rn nt l n C d , S t n 4, pl nt ff nt tl d t t r t n l nf r nt n b pr t t d th f ll n r l f: d r nd n n b n rr r r d . Sh rb rt v. rn r, ll f th z d dr f r v l t n f th 4 U. S. 8 ( 6 . h r f r , t d r l d, r , nd C t A t nd O E E b th rt th t th rd r f rd r n th r d tr t n, tl 2 , Un t d th tr t C rt nd d t r d. St t C d , S t n 4( nd (d nd f ll : n rd r rd n rt t nd f , nd t r nd th r pr p r xp n t b Ord r p d b l nt, tl 2 , Un t d St t In rd n th th f nd n f f t C d , S t n 4( . t j d nt b nd n l n f l nt n d n th nt r d rd n l . M r nd Op n n f th C rt d t d l 0, , h h r n rp r t d h r n nd d p rt h r f, t UNITED STATES v. AN ARTICLE O E E , A U GE , A E OF DEVICE . . . "HUBBARD C EE th t th rt l f d v nd r z r , n n th bb rd El tr t r ELECTROMETER" OR r th bb rd E M t r (h r ft r r "HUBBARD E-METER ", INC., f rr d t E t r br nd d th n FOUNDING CHURCH OF th n n f 2 U. S. C. § 2( nd SCIENTOLOGY, ET AL. (f ( nd th z d rt l , . ., th E t r nd ll r t n z d, r n Un t d St t C rt f App l f r th d n d p r nt t 2 U. S. C. § 4( tr t f C l b . nd t f rth r . 2064. M r h , . O E E , A U GE , A E C EE , p r nt t 2 U. S. C. § 4( , In z r t n rt n bb rd E th t th Un t d St t f A r h ll M t r r nd n d nd l nt p h v nd r v r fr th l nt h r n p l d. h C rt f App l ff r d b t d f d th rd r f th l r rt j ntl nd v r ll ll rt t nd t v d x v nt n l nt f th f ( x l d n t nd f r l t v t G v rn nt nd , rt th r l n. h th pp l f ll n th f r t tr l , nd f ll n .p nt n th d tr t rt rd r t r nd th r pr p r xp n , t b r d f d: h r r nt th t f t r t x d nd t f rth r r f l ff d v t th th A t t n O E E , A U GE , A E th t th d v b n d f r b n f d C EE th t th Un t d St t M r h l r l n l n , nd th r r nt f r th tr t h ll r l h n th t ll f t r l b l n nd t th t th d n d E t r nd l t r t r fr h d v h d b n d l r d br nd d b t d t th t d f th l nt, th Un t d St t tr t C rt. nd n Ch r h f S nt l f W h S t n 04( , 04( , 02( , 02(f ( , n t n, . C., In ., f r th p rp f br n d r l d, r , nd C t A t. n th nd n d d v nd l t r t r 2 d r l d, r , nd C t A t
nt pl n th th l pr v d d h th d n , tr t nt, r pr v nt n f l nt, th n 0 d fr th d t f n d . It n t d ll r n th Ord r r t nd ( p n f ll t f ll p bl f pr v n th h lth th f r nt n d rt t nd f , r b d l f n t n f n n . nd t r nd th r pr p r xp n f nd t f rth r th pr d n h r n, nd (b x t nd f l th th Cl r f th C rt O E E , A U GE , A E d nd ff nt p n l b nd th r t , C EE th t th br n n f th z d nd n th f $20,000, p bl t th Un t d nd n d E t r nd l t r t r nt St t f A r nd nd t n d n th pl n th th pr v n f th d l nt b d n b nd p rf r n ll r l d, r , nd C t A t, th t r nd nd t n f th Ord r, nd p f d n th Ord r, h ll b p rf r d f l nt d n t v l t lf f th p nd r th r n bl p rv n f d l p rt n t t r p th nd n d rt l th r z d r pr nt t v f th Un t d th n th 0 d p f d, th Un t d St t d nd r Ad n tr t n. St t M r h l f r th tr t h ll f rth Cl nt, th nd n Ch r h f S n th d tr ll E t r n h p n t l f W h n t n, . C., In ., h ll nd ntr l nd t f rth r p n t th Un t d St t f A r O E E , A U GE , A E f r t f r n bl p rv n f tt r C EE th t h nd n d E t r nd r th d r t n r ntr l f th Ch r h nd l t r t r h ll b d d t pl t th r t f $8.00 p r h r, p r r pr th th l f nd nl f th r d, nt t v f r h h r r p rt n th r f ld r d tr b t d n rd n th th t ll pl d n h p rv n nd r f ll n p f nd t n : th t r f th r l r r . E t r h ll b d r ld. r d nd h r b t n xp n r n tr b t d nl f r n b n f d r l rr d, t th r t f $2 .00 p r d r p r t n th r f p r p r n f r h b t n n l n . xp n . S d l nt h ll l 2. E h E t r h ll b r th f ll n p n t th Un t d St t f A r , f r rn n , pr nt d n p nt l d d t p , n r tr v l n xp n nd f r n p r n ntl ff x d t th fr nt f th th r n r xp n h h b n E t r th t t l rl v bl h n rr d n nn t n th p rv r r th E t r d, ld, r d tr b t d: p n b l t f th Un t d St t d nd h E t r n t d ll r n r Ad n tr t n nd t f rth r t f ll f l f r th d n , tr t nt, r pr v nt n f n d . It O E E , A U GE , A E n t d ll r nt f ll p bl f C EE th t th n n r fr th pr v n th h lth r b d l f n t n d t th Ord r b f n l th Un t d f n n . St t f A r h ll f l th th Cl r . An nd ll t f r tt n, pr nt d, f th tr t C rt f ll t t nt nd r r ph tt r h h d r tl r nd r tl t n h th r nd t h t xt nt th r f r [ ] t th E t r r t n t t r nd nd t n f th Ord r h v nd r S nt l nd r d t n r b n p rf r d, nd h ll th n h pr n h ll n t b f rth r d r h th b nd v n n th pr d n h ll d tr b t d nl nd nt l th t h ll n t b n ll d nd d h r d nd t b r th f ll n pr n nt pr nt d rn f rth r n p r n ntl ff x d t d t n th O E E , A U GE , A E t d fr nt v r r n th t tl p n C EE th t th tr t C rt xpr l l tt r n ll r th n. p nt l d d t p : r t n j r d t n f r p r d f n r fr th d t th Ord r b f n l t h f rth r rd r b n r t th pr p r d p t n f th W rn n pr d n . h d v n n bb rd El tr t r, r E t r, d n d t n , It U E O E E b th pr f S nt l nd n t , rt th t th j d nt f th tr t n t d ll r nt f ll f l f r C rt, nd d, h r b ff r d.