Legal Opinion
Fmali Herb, Inc. v. Margaret M. Heckler
Court of Appeals for the Ninth Circuit
Decided September 15, 1983No. 82-4604PublishedCited by 24 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
This case presents a question of first impression arising under section 201(s) of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(s). The issue is whether the Food and Drug Administration (FDA) has properly interpreted the statute, which provides that the safety of substances added to food may be established by experience based on common use in food prior to 1958. We conclude that, even according the deference due an administrative agency’s interpretation of a statute that it is responsible for enforcing, the challenged FDA regulation does not fairly reflect either…
2Cases cited8 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- General Electric Co. v. GilbertSupreme Court of the United States · 1976
- Batterton v. FrancisSupreme Court of the United States · 1977
- Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
- Zenith Radio Corp. v. United StatesSupreme Court of the United States · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- E. Robert Nigro, Jr. v. John Sullivan, WardenCourt of Appeals for the Ninth Circuit · 1994
- Vance v. HegstromCourt of Appeals for the Ninth Circuit · 1986
- Constance Horner, Director, Office of Personnel Management v. Joseph D. JeffreyCourt of Appeals for the Federal Circuit · 1987
- Swenson v. Emerson Electric Co.Supreme Court of Minnesota · 1985
- Cubanski v. HecklerCourt of Appeals for the Ninth Circuit · 1986
19 more not listed; retrieve them via the Exa API.