Legal Opinion

Moms Against Mercury v. Food & Drug Administration

Court of Appeals for the D.C. Circuit

Decided April 13, 2007No. 06-1147PublishedCited by 197 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

A number of advocacy organizations and individuals seek review of regulatory inaction by the Food and Drug Administration (“FDA”). They assert that the FDA should classify, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-399 (“FDCA” or the “Act”), a material commonly used for dental fillings. The material, they contend, must be regulated by the FDA in order to protect consumers against its deleterious health effects. We hold that we lack jurisdiction over the subject matter, and thus dismiss the…

2Cases cited7 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  4. Telecommunications Research & Action Center v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1984
  5. Peter N. Georgiades v. Helen Martin-Trigona, Anthony R. Martin-Trigona, Peter N. Georgiades v. Helen Martin-TrigonaCourt of Appeals for the D.C. Circuit · 1984

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3Cited by197 opinions

  1. Khadr v. United StatesCourt of Appeals for the D.C. Circuit · 2008
  2. National Ass'n of Home Builders v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2011
  3. Shuler v. United StatesCourt of Appeals for the D.C. Circuit · 2008
  4. Curran v. HolderDistrict Court, District of Columbia · 2009
  5. Kingman Park Civic Association v. GrayDistrict Court, District of Columbia · 2014

192 more not listed; retrieve them via the Exa API.

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