Legal Opinion

United States v. Article of Drug . . . Bacto-Unidisk

Supreme Court of the United States

Decided April 28, 1969No. 343PublishedCited by 194 opinions

1Opinion of the CourtChief Justice Warren

At issue here is the scope of the statutory definition of drug contained in the Federal Food, Drug, and Cosmetic Act and the extent of the Secretary of Health, Education, and Welfare’s regulatory authority under that definition. The specific item involved in this definitional controversy is a laboratory aid known as an antibiotic sensitivity disc, used as a screening test for help in determining the proper antibiotic drug to administer to patients. If the article is a “drug” within the general definition of § 201 of the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U. S. C. § 321…

2Cases cited6 opinions

  1. United States v. DotterweichSupreme Court of the United States · 1943
  2. Securities & Exchange Commission v. Ralston Purina Co.Supreme Court of the United States · 1953
  3. United States v. SullivanSupreme Court of the United States · 1947
  4. Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and DrugsCourt of Appeals for the Second Circuit · 1968
  5. Patrick Cawley v. United StatesCourt of Appeals for the Second Circuit · 1959

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

3Cited by194 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  4. Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
  5. William C. Brach, Cross-Appellant v. Amoco Oil Company, a Maryland Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1982

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

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