American Frozen Food Institute v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

The circumstances giving rise to this appeal from the District Court are set forth in its opinion appearing at 413 F.Supp. 548 (1976). We are in general agreement with Judge Robinson’s opinion. We find it useful only to emphasize that, as presented to us upon appeal, the “fundamental issue” is, in appellant’s submission, whether the Food and Drug Administration, in promulgating the challenged regulations with respect to seafood cocktails and frozen heat and serve dinners, was required to utilize the formal rulemaking procedures prescribed in § 701(e) of the Food, Drug and Cosmetic Act, as…