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April 3, 1937


JAMA. 1937;108(14):1179-1180. doi:10.1001/jama.1937.02780140035013

The United States circuit court of appeals for the second circuit, Dec. 7, 1936, affirmed a decree of the United States district court for the southern district of New York dismissing an action brought by the United States for the forfeiture of a package offered for importation, containing certain articles to prevent conception; namely, 120 pessaries more or less.1 These pessaries, it appears, were sent by a physician in Japan to a physician in the United States, for trial in her practice and an expression of her opinion as to their usefulness for contraceptive purposes. The tariff act of 1930,2 which prohibits the importation of articles for the prevention of conception, makes no exception in favor of physicians or in favor of the importation of contraceptive articles for the prevention or cure of disease. The government, therefore, instituted proceedings to have the pessaries offered for importation forfeited. Defeated

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