Facts: D purchased drugs from their manufacturers and shipped them, repacked under its own label. Section 301 of the Federal Food, Drug, and Cosmetic Act prohibits the introduction or delivery inter interstate commerce of any drug that is adulterated or misbranded.

Procedure: D charged with violation of the Federal Food, Drug, and Cosmetic Act. Three counts went to the jury – two for shipping misbranded drugs in interstate commerce, and a third, for shipping an adulterated drug. The jury found D guilty on all three counts. Circuit Court of Appeals upheld this finding.

Issue: Was the evidence adequate to support the verdict of adulteration and misbranding?

Holding: This question was properly left to the jury and there was sufficient evidence to support its verdict.

Rationale: The Act is concerned with distribution of drugs. Balancing relative hardships, Congress has preferred to place the burden upon distributors rather than the innocent public.

Policy/Notes: Dissent: There is no evidence in this case there was any personal guilt on the part of the respondent. He had no evil intention or consciousness of wrongdoing.