Legal Opinion
NVE Inc. v. Department of Health & Human Services
Court of Appeals for the Third Circuit
Decided February 7, 2006No. 04-4481PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
In 1994, Congress passed the Dietary Supplement Health and Education Act (“DSHEA”), declaring dietary supplements that “present[ ] a significant or unreasonable risk of illness or injury” to be “adulterated food” under the Food, Drug, and Cosmetic Act (“FDCA”). DSHEA § 4, 21 U.S.C. § 342(f)(1) (2000). In 2004, the Food and Drug Administration (“FDA”) promulgated a final regulation stating that dietary supplements containing ephedrine alkaloids (“EDS”) were adulterated under the “unreasonable risk” standard of DSHEA. 21 C.F.R. § 119.1. The effect of…
2Cases cited32 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
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3Cited by2 opinions
- Nve Inc. v. Department Of Health And Human ServicesCourt of Appeals for the Third Circuit · 2006
- American Bankers Ass'n v. National Credit Union AdministrationDistrict Court, M.D. Pennsylvania · 2007