Grand Laboratories, Inc. v. Patricia Harris, Secretary of Health, Education, and Welfare

ARNOLD, Circuit Judge.

This is a suit by Grand Laboratories, Inc., to enjoin the Food and Drug Administration from inspecting its facilities in South Dakota. Grand manufactures animal biologies, which are products prepared from animal tissues or fluids, or from microorganisms, and used for the prevention or treatment of disease in animals. Plaintiff distributes its product wholly within the state of South Dakota, but some ingredients are shipped interstate to Grand’s laboratory. The FDA argued that it had the right to inspect Grand’s facilities because animal biologies are “drugs” within the…