Legal Opinion

Mineral Resources International v. United States Department of Health & Human Services

Court of Appeals for the Tenth Circuit

Decided April 19, 1995No. Nos. 94-9523, 94-9524 and 94-9525PublishedCited by 1 opinion

1Opinion of the Court

ABARCÓN, Circuit Judge.

Mineral Resources International and Trace Mineral Research (hereinafter “Minerals”) seek review of regulations promulgated by the Federal Drug Administration (“FDA”) under sections 343(q) and 343(r) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 (Supp. Y1993). Minerals maintain that we have jurisdiction pursuant to 21 U.S.C. § 371(f) (1988 & Supp. V 1993). Minerals contend that the regulations violate their First and Fifth Amendment rights and the Administrative Procedures Act (“APA”), 5 U.S.C. § 706 (1988). We do not reach the merits of Minerals’…

2Cases cited8 opinions

  1. Penteco Corporation Limited Partnership--1985a, an Oklahoma Limited Partnership v. Union Gas System, Inc., a Kansas CorporationCourt of Appeals for the Tenth Circuit · 1991
  2. Tuck v. United Services Automobile Ass'nCourt of Appeals for the Tenth Circuit · 1988
  3. Anne P. Henry v. Office of Thrift SupervisionCourt of Appeals for the Tenth Circuit · 1994
  4. Blodgett v. Kwan Fai MakSupreme Court of the United States · 1993
  5. National Nutritional Foods Ass'n v. Food & Drug AdministrationCourt of Appeals for the Second Circuit · 1974

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3Cited by1 opinion

  1. Mineral Resources International v. United States Department Of Health & Human ServicesCourt of Appeals for the Tenth Circuit · 1995

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