Legal Opinion

Bachynsky v. State

Texas Court of Appeals, 5th District (Dallas)

Decided March 3, 1988No. 05-86-00699-CVPublishedCited by 10 opinions

1Opinion of the Court

HECHT, Justice.

The State of Texas sued Dr. Nicholas Bachynsky and five related weight-loss clinics (collectively “Bachynsky”). The gravamen of the State’s allegations is that Bachynsky used the drug Dinitrophenol (“DNP”) in his weight-loss programs even though it is a toxic herbicide never approved by the United States Food and Drug Administration as safe for human consumption. The State alleges violations of the Texas Deceptive Trade Practices— Consumer Protection Act1 and the Texas Food, Drug and Cosmetics Act.2 The State also alleges that Bachynsky was negligent in prescribing DNP for his…

2Cases cited15 opinions

  1. Alfred L. Snapp & Son, Inc. v. Puerto Rico Ex Rel. BarezSupreme Court of the United States · 1982
  2. Boatland of Houston, Inc. v. BaileyTexas Supreme Court · 1980
  3. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  4. Commonwealth of Puerto Rico v. The Ss Zoe Colocotroni, Her Engines, Appurtenances, Etc.Court of Appeals for the First Circuit · 1980
  5. Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942

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3Cited by10 opinions

  1. Federal Trade Commission v. Mylan Laboratories, Inc.District Court, District of Columbia · 2002
  2. State of Tex. v. American Tobacco Co.District Court, E.D. Texas · 1997
  3. Lakeshore Utility Co. v. Texas Natural Resource Conservation Commission, Texas Court of Appeals, 3rd District (Austin)2002
  4. Tuma v. Kerr County, Texas Court of Appeals, 4th District (San Antonio)2010
  5. State v. BachynskyTexas Supreme Court · 1989

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