Legal Opinion
Lemmon Pharmacal Co. v. Richardson
District Court, E.D. Pennsylvania
Decided October 26, 1970No. Civ. A. 68-921PublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER
FULLAM, District Judge.
In this action plaintiff seeks a declaratory judgment that Regulation 3.63 of the Federal Drug Administration, 21 C. F.R. 3.63 is illegal. The prayer for relief also asks that the F.D.A. be enjoined from enforcing Regulation 3.63, and that the plaintiff’s product, Obestat, be declared safe and effective for its prescribed use. Presently before the Court is the government’s motion for summary judgment pursuant to Fed.R. Civ.P. 56.
By way of background, prior to 1962 a drug was not considered a new drug subject to the new drug provisions of the Federal…
2Cases cited8 opinions
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Pan American World Airways, Inc. v. United StatesSupreme Court of the United States · 1963
- Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1968
- United States v. 354 BULK CARTONS, ETC.District Court, D. New Jersey · 1959
- Merritt Corporation v. FolsomDistrict Court, District of Columbia · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Articles of Drug Consisting of the Following: 5,906 Boxes, Etc., United States of America v. Alcon Laboratories (Puerto Rico), Inc.Court of Appeals for the First Circuit · 1984
- Hanson v. United StatesDistrict Court, D. Minnesota · 1976
- Carpenter v. HallDistrict Court, S.D. Texas · 1972
- Reitmeier v. KalinoskiDistrict Court, D. New Jersey · 1986
- United States v. 1,048,000 CAPSULES, MORE OR LESS, ETC.District Court, S.D. Texas · 1972
4 more not listed; retrieve them via the Exa API.