Legal Opinion
Sterling Drug Inc. v. Caspar W. Weinberger, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs
Court of Appeals for the Second Circuit
Decided October 9, 1974No. 623, 624, Dockets 73-1628, 73-2481PublishedCited by 8 opinions
1Opinion of the Court
FREDERICK van PELT BRYAN, District Judge:
In these consolidated appeals, Sterling Drug Inc. and its subsidiaries Winthrop Products, Inc. and Breon Laboratories, Inc. petition to set aside two orders of the Commissioner of Food and Drugs, dated March 2, 1973 and August 7, 1973. 1 The orders, issued under the 1962 amendments to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., denied petitioners’ requests for a hearing and withdrew prior approval of new drug applications for petitioners’ product, Alevaire, alleging lack of substantial evidence that the drug was effective for its…
Also in this document: Per curiam.
2Cases cited5 opinions
- Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
- The Upjohn Company v. Robert H. Finch, Secretary of Health, Education & Welfare, and Herbert L. Ley, Jr., Commissioner of Food and DrugsCourt of Appeals for the Sixth Circuit · 1970
- Cooper Laboratories, Inc. v. Commissioner, Federal Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1974
- Pfizer, Inc. v. RichardsonCourt of Appeals for the Second Circuit · 1970
- American Cyanamid Company v. Elliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1971
3Cited by8 opinions
- National Labor Relations Board v. Complas Industries, Inc.Court of Appeals for the Seventh Circuit · 1983
- Sterling Drug Inc. v. HarrisDistrict Court, S.D. New York · 1980
- Sterling Drug, Inc. v. Caspar W. Weinberger, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1975
- Appalachian Power Company, Duquesne Light Company and Ohio Power Company v. Environmental Protection AgencyCourt of Appeals for the Fourth Circuit · 1978
- American Cyanamid Company v. Food and Drug Administration and Joseph A. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1979
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