Legal Opinion

National Nutritional Foods Ass'n v. Califano

Court of Appeals for the Second Circuit

Decided June 27, 1979No. 907, Docket 78-6171PublishedCited by 18 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This is an appeal from an order of the District Court for the Southern District of New York, 457 F.Supp. 275 (1978), in an action by two trade associations whose members manufacture and sell protein supplements against the Secretary of Health, Education and Welfare, the Commissioner of Food and Drugs, and the FDA’s Acting Associate Director for Nutrition and Consumer Sciences, Bureau of Foods. Federal jurisdiction rests on 28 U.S.C. §§ 1331 and 1337. The action concerns FDA rulemaking designed to require warnings for protein supplements and other preparations that may…

2Cases cited26 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  3. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  4. Leedom v. KyneSupreme Court of the United States · 1958
  5. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967

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3Cited by18 opinions

  1. Natural Resources Defense Council v. PenaCourt of Appeals for the D.C. Circuit · 1998
  2. National Anti-Hunger Coalition v. Executive Committee of the President's Private Sector Survey on Cost ControlCourt of Appeals for the D.C. Circuit · 1983
  3. Seattle Audubon Society v. LyonsDistrict Court, W.D. Washington · 1994
  4. Cargill, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1999
  5. Washington Legal Foundation v. United States Department of JusticeDistrict Court, District of Columbia · 1988

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