Legal Opinion

Abbott Laboratories v. Celebrezze

District Court, D. Delaware

Decided April 30, 1964No. Civ. A. 2737PublishedCited by 30 opinions

1Opinion of the Court

CALEB M. WRIGHT, Chief Judge.

This action arises under the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended 21 U.S.C. § 301 et seq. (“the Act”).

According to § 502(e) (1) (B) of the Act, 21 U.S.C. § 352(e) (1) (B), the labeling of a prescription drug shall cause that drug to be “misbranded” unless the established or generic name of the drug is printed prominently on any label or labeling material, as defined in the Act, in type half as large as any brand or proprietary name. 1

The proprietary, or brand name, of a prescription drug is used by the manufacturer to identify the source…

2Cases cited20 opinions

  1. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  2. Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
  3. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  4. Frozen Food Express v. United StatesSupreme Court of the United States · 1956
  5. National Motor Freight Traffic Ass'n v. United StatesSupreme Court of the United States · 1963

15 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Crescent Park Tenants Ass'n v. Realty Equities Corp.Supreme Court of New Jersey · 1971
  3. Powelton Civic Home Owners Ass'n Ex Rel. Hilburn Harbidge v. Department of Housing & Urban DevelopmentDistrict Court, E.D. Pennsylvania · 1968
  4. Lodge 1858, American Federation of Government Employees v. Thomas O. Paine, Administrator, National Aeronautics and Space AdministrationCourt of Appeals for the D.C. Circuit · 1970
  5. Kalur v. ResorDistrict Court, District of Columbia · 1971

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API