Legal Opinion
United States v. 5 Unlabeled Boxes
Court of Appeals for the Third Circuit
Decided July 14, 2009No. 07-4352PublishedCited by 60 opinions
1Opinion of the Court
OPINION OF THE COURT
POLLAK, District Judge.
This case concerns ephedrine alkaloids (“EDS”), substances that were marketed beginning in the early 1990s as dietary supplements to reduce weight and boost energy. In 2004, the Food and Drug Administration (“FDA”) banned all supplements containing EDS after concluding that they present an “unreasonable risk of illness or injury” at all dose levels. Hi-Tech Pharmaceuticals, Inc., a maker of products containing EDS, challenges that determination. 1 As discussed below, we conclude that Hi-Tech’s challenge is precluded.
I
A. Rulemaking Background
The Food,…
2Cases cited13 opinions
- United States v. MendozaSupreme Court of the United States · 1984
- Arizona v. CaliforniaSupreme Court of the United States · 2000
- Jean Alexander Cosmetics, Inc. v. L'OreaL Usa, Inc. Redkin 5th Avenue, N.Y.CCourt of Appeals for the Third Circuit · 2006
- Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1990
- David J. BECHTOLD, Plaintiff-Appellant, v. CITY OF ROSEMOUNT, Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1997
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3Cited by60 opinions
- Bush v. City of Philadelphia Philadelphia Police DepartmentDistrict Court, E.D. Pennsylvania · 2010
- Timothy Defoe v. Lenroy PhillipCourt of Appeals for the Third Circuit · 2012
- Canonsburg General Hospital v. SebeliusDistrict Court, District of Columbia · 2013
- Uniloc USA, Inc. v. Motorola Mobility LLCCourt of Appeals for the Federal Circuit · 2022
- Bamgbose v. Delta-T Group, Inc.District Court, E.D. Pennsylvania · 2010
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