United States Ninth Circuit

A defendant who manufactured a designer drug and gave it away, free of charge, to a teenager who died from the drug, cannot be convicted with "misbranding a drug" under the Food, Drug and Cosmetic Act, 21 U.S.C. Section 331(k), because the drug was not "held for sale."

Appellate Information

• Argued 11/05/2001
• Decided 01/24/2002
• Published 01/24/2002

Judges

• SILVERMAN, Circuit Judge:, Before:  PREGERSON, REINHARDT and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael Tanaka, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant., Kenneth Jost, Assistant Director (argued), Sara Anjargolian, Trial Attorney, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, for the plaintiff-appellee.