Legal Opinion

National Nutritional Foods Ass'n v. Novitch

District Court, S.D. New York

Decided July 30, 1984No. 84 Civ. 5108(MP)PublishedCited by 1 opinion

1Opinion of the Court

OPINION

MILTON POLLACK, Senior District Judge.

Plaintiffs apply for a preliminary injunction pursuant to Fed.R.Civ. 65(a), enjoining the Food and Drug Administration (“FDA”) and its Commissioner from making effective on August 6, 1984 a regulation requiring certain labeling statements on products deriving more than 50% of their calories from protein (21 C.F.R. § 101.17, as published at 49 Fed.Reg. 13679-80 [April 6, 1984], scheduled to take effect August 6, 1984).

The label requirements provide for a warning on all protein products promoted for use to reduce weight unless certain exemptions…

2Cases cited5 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Jack Kahn Music Co., Inc. v. Baldwin Piano & Organ CompanyCourt of Appeals for the Second Circuit · 1979
  3. National Nutritional Foods Association v. WeinbergerCourt of Appeals for the Second Circuit · 1975
  4. Movers Conference of America v. United StatesDistrict Court, S.D. California · 1966
  5. The National Nutritional Foods Association v. CalifanoCourt of Appeals for the Second Circuit · 1979

3Cited by1 opinion

  1. National Nutritional Foods Ass'n v. YoungDistrict Court, S.D. New York · 1984

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