Sterling Drug, Inc. v. Caspar W. Weinberger, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs

FRIENDLY, Circuit Judge:

Six and a half years after the Food and Drug Administration began its bumbling efforts to withdraw approval of the New Drug Application (NDA) for Alevaire, an aerosol prescription drug administered to patients with chronic respiratory diseases, on the ground of lack of substantial evidence that it will have the effect it is represented to have under the conditions of use set out in its labeling, the case is back again — only a few months after we thought we had sent it on its way to agency disposition, Sterling Drug, Inc. v. Weinberger, 503 F. 2d 675 (2 Cir. 1974). On…