Legal Opinion

United States v. General Nutrition, Inc.

District Court, W.D. New York

Decided May 27, 1986No. CR-84-174EPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM and ORDER

ELFVIN, District Judge.

The abovenamed corporation and individuals (“the defendants”) are charged in a seven-count Indictment with violations of the Food, Drug and Cosmetic Act (“the Act”), 21 U.S.C. § 301 et seq. in connection with the marketing of a substance known as “Gammaprim”, and with conspiracy to defraud the government in violation of 18 U.S.C. § 371. Presently pending are motions to dismiss the Indictment by all of the defendants on a number of grounds as well as specific motions to dismiss by defendants Fenicchia and Copia.

The heart of the matter is the legal…

2Cases cited32 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Jordan v. De GeorgeSupreme Court of the United States · 1951
  4. United States v. DotterweichSupreme Court of the United States · 1943
  5. Zauderer v. Office of Disciplinary Counsel of the Supreme Court of OhioSupreme Court of the United States · 1985

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3Cited by10 opinions

  1. United States v. John PforzheimerCourt of Appeals for the Second Circuit · 1987
  2. United States v. Pascal BallistreaCourt of Appeals for the Second Circuit · 1996
  3. Washington Legal Foundation v. FriedmanDistrict Court, District of Columbia · 1998
  4. United States v. CaroniaDistrict Court, E.D. New York · 2008
  5. United States v. ScullyDistrict Court, E.D. New York · 2015

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