American Health Products Co. v. Hayes

Plaintiffs brought this action seeking a declaratory judgment that “starchblockers” are a “food” rather than a “drug” for purposes of 21 U.S.C. § 321(g)(1)(C). Defendants counterclaimed for permanent injunctive relief. In a published memorandum opinion and order, filed November 14, 1983, the district court denied plaintiffs’ claim, holding that starchblockers are a drug under section 321(g)(1)(C). American Health Products Co. v. Hayes, 574 F.Supp. 1498 (S.D.N.Y.1983). Judgment on plaintiffs’ claim was filed on November 18, 1983.

In a subsequent order, filed June 15, 1984, the district court…