Weinberger v. Bentex Pharmaceuticals, Inc.
Supreme Court of the United States
1Opinion of the CourtJustice Douglas
In this case Bentex and some 20 other firms that market drugs containing pentylenetetrazol filed this suit for a declaratory judgment that their drugs containing pentylenetetrazol are generally recognized as safe and effective, and thus not “new drugs” within the meaning of §201 (p) (1) of the Federal Food, Drug, and Cosmetic Act of 1938, as amended, 76 Stat. 781, 21 U. S. C. § 321 (p) (1). They also sought exemption from the new effectiveness requirements by reason of § 107 (c) (4) of the 1962 amendments to the Act, known as the “grandfather” clause.
As part of the Food and Drug…
2Cases cited7 opinions
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- Permian Basin Area Rate CasesSupreme Court of the United States · 1968
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