Legal Opinion
National Ethical Pharmaceutical Ass'n v. Weinberger
District Court, D. South Carolina
Decided September 27, 1973No. Civ. A. 73-560PublishedCited by 3 opinions
1Opinion of the Court
ORDER
HEMPHILL, District Judge.
Defendants have moved to dismiss the complaint on the grounds that the Food and Drug Administration has primary jurisdiction to determine whether a drug is a “new drug”, as the Supreme Court held in Weinberger v. Bentex Pharmaceuticals, Inc., 412 U.S. 645, 93 S.Ct. 2488, 37 L.Ed.2d 235 (1973) 1 *Plaintiffs do not contest the fact that such primary jurisdiction lies with the FDA, but oppose dismissal, asserting that the complaint raises an issue of law which should be decided in the first instance by this court. The Food and Drug Administration has evaluated…
2Cases cited7 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
- United States v. ShippSupreme Court of the United States · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Biotics Research Corporation v. Margaret Heckler, Sec'y Etc., Seroyal Brands, Inc. v. Margaret Heckler, Sec'y Etc.Court of Appeals for the Ninth Circuit · 1983
- The National Ethical Pharmaceutical Association v. WeinbergerCourt of Appeals for the Fourth Circuit · 1974
- National Ethical Pharmaceutical Ass'n v. WeinbergerCourt of Appeals for the Fourth Circuit · 1974