Legal Opinion
E.R. Squibb & Sons, Inc. v. Casper W. Weinberger, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of Food and Drugs
Court of Appeals for the Third Circuit
Decided August 24, 1973No. 71-2138PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge:
This is an appeal from an order of the Food and Drug Administration (FDA) revoking the marketing approval previously granted for several drugs produced by E. R. Squibb & Sons, Inc. (Squibb), a major manufacturer of pharmaceuticals. The order also denied Squibb an evidentiary hearing before the FDA at which Squibb alleges it would produce substantial evidence of the safety and effectiveness of those drugs.
Consideration of the appeal was deferred with the concurrence of the parties, pending resolution by the U.S. Supreme Court of Weinberger v. Hynson,…
2Cases cited2 opinions
- Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
- Hynson, Westcott & Dunning, Inc. v. RichardsonCourt of Appeals for the Fourth Circuit · 1972
3Cited by5 opinions
- United States v. Articles of Drug Consisting of the Following: 5,906 Boxes, Etc., United States of America v. Alcon Laboratories (Puerto Rico), Inc.Court of Appeals for the First Circuit · 1984
- Bristol-Myers Company v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1984
- Cooper Laboratories, Inc. v. Commissioner, Federal Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1974
- American Cyanamid Company v. Food and Drug Administration and Joseph A. Califano, Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1979
- Cooper Laboratories, Inc. v. Commissioner, Federal Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1974