V. E. Irons, Inc. v. United States’s Empirical Analysis
244 F.2d 34 · 1957
Citation profile
18 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 35 later decisions — most recently December 2023 · most notably Thomas v. State (1976), United States v. 47 Bottles, More or Less, Jenasol RJ Formula '60' (1963)
18 federal appellate · 8 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Dotterweich · American School of Magnetic Healing v. McAnnulty · Federal Trade Commission v. Standard Education Society · Kordel v. United States · Ebeling v. Morgan
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It must be remembered that a representation may be ‘misleading’ from the very fact of overemphasis and exaggeration, even though the product in question may be helpful, and in some circumstances useful, though not really indispensable to good health. * * * ””
2 later decisions quote this exact passage“In determining whether such labeling contained `false or misleading' statements, we must be careful not to read the literature with the eyes either of experts in nutrition or of overly skeptical buyers. What is pertinent is the effect the claims would have on those to whom they are addressed, namely, prospective purchasers and actual customers * * *, who cannot be presumed to have special expertness or to be unduly cautious, but who are more likely than not to be persons who are pathetically eager to find some simple cure-all for the diseases with which they are afflicted or who are susceptible to luridly painted scare literature as to the prospect of being disease-ridden unless they consistently partake of the vaunted drug product. This approach has been authoritatively approved.”
1 later decision quote this exact passage“There can be no question that among the usual characteristics of labeling is that of informing a purchaser of the uses of an article to which the labeling relates, and that the basic character of the Federal Food, Drug and Cosmetic Act is not directly concerned with the sale of the products therein described or whether the literature is carried away by the purchaser. It was enacted to protect the public health and to prevent fraud, and it ought to be given a liberal construction. Consequently, we are compelled to the conclusion that misbranding is cognizable under the Act while the articles are being held for sale.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.