Legal Opinion

E.R. Squibb and Sons, Inc. v. Otis R. Bowen, M.D., Secretary of Health & Human Services

Court of Appeals for the D.C. Circuit

Decided March 14, 1989No. 88-1222PublishedCited by 9 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

This is a petition for review of an order of the Commissioner of Food and Drugs withdrawing approval of, and revoking certification for, four combination drugs manufactured by petitioner E.R. Squibb and Sons, Inc. We deny Squibb’s petition for review.

I. Background

Section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (1982 & Supp. IV 1986) (the FDCA) prohibits interstate distribution of any new drug that has not been approved by the Food and Drug Administration (FDA). 21 U.S.C. §…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  3. Orthopedic Equipment Co., Incorporated v. Dennis EutslerCourt of Appeals for the Fourth Circuit · 1960
  4. United States v. 354 BULK CARTONS, ETC.District Court, D. New Jersey · 1959
  5. United States v. Article . Consisting of 216Court of Appeals for the Second Circuit · 1969

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3Cited by9 opinions

  1. Benedi v. McNeil-P.P.C., Inc.Court of Appeals for the Fourth Circuit · 1995
  2. John Doe v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1991
  3. 40 Fed. R. Evid. Serv. 47, prod.liab.rep. (Cch) P 13,997 Bryan J. Glaser, Individually Charles Glaser and Margaret Glaser, Individually and Charles Glaser and Margaret Glaser as Co-Guardians of Bryan J. Glaser, a Legally Incapacitated Person v. Thompson Medical Company, Inc., Blue Cross & Blue Shield of Michigan, Intervening as a Silent MovantCourt of Appeals for the Sixth Circuit · 1994
  4. United States v. Undetermined Quantities of Bottles of an Article of Veterinary DrugCourt of Appeals for the Tenth Circuit · 1994
  5. Lewert v. Boiron, Inc.District Court, C.D. California · 2016

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