Legal Opinion
Nutrilab, Inc. v. Schweiker
Court of Appeals for the Seventh Circuit
Decided August 8, 1983No. Nos. 82-2746, 82-2747PublishedCited by 18 opinions
1Opinion of the Court
CUMMINGS, Chief Judge.
Plaintiffs manufacture and market a product known as “starch blockers” which “block” the human body’s digestion of starch as an aid in controlling weight. On July 1, 1982, the Food and Drug Administration (“FDA”) classified starch blockers as “drugs” and requested that all such products be removed from the market until FDA approval was received. The next day plaintiffs filed two separate complaints in the district court seeking declaratory judgments that these products are foods under 21 U.S.C. § 321(f) and not drugs under 21 U.S.C. § 321(g). The cases were consolidated…
2Cases cited9 opinions
- United States v. HohenseeCourt of Appeals for the Third Circuit · 1957
- National Nutritional Foods Ass'n v. MathewsCourt of Appeals for the Second Circuit · 1977
- United States v. an Article of Drug Consisting of 250 JarsDistrict Court, E.D. Michigan · 1963
- United States v. Nutrition Service, Inc.District Court, W.D. Pennsylvania · 1964
- United States v. An Article of Food, Etc., Foodscience Laboratories, Inc., Claimant-Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. Undetermined Quantities of Bottles of an Article of Veterinary DrugCourt of Appeals for the Tenth Circuit · 1994
- United States v. Kasz Enterprises, Inc.District Court, D. Rhode Island · 1994
- United States v. 789 Cases, More or LessDistrict Court, D. Puerto Rico · 1992
- American Health Products Co., Inc. v. HayesDistrict Court, S.D. New York · 1983
- E.R. Squibb and Sons, Inc. v. Otis R. Bowen, M.D., Secretary of Health & Human ServicesCourt of Appeals for the D.C. Circuit · 1989
13 more not listed; retrieve them via the Exa API.