Rutherford v. United States
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McKAY, Circuit Judge.
This appeal is the culmination of nearly twelve years of litigation between terminally ill cancer patients seeking to obtain and use the substance commonly known as Laetrile and the Federal Food & Drug Administration (FDA). In 1975, the FDA issued a declaratory order that classified Laetrile as a “new drug” for purposes of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1982 & Supp. III 1985) (the Act). Absent exemption by either the grandfather clause of 1938, 21 U.S.C. § 321(p)(1) (1982), or the grandfather clause of 1962, Act of Oct. 10,1962, Pub.L. No.…
2Cases cited18 opinions
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- United States v. RutherfordSupreme Court of the United States · 1979
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
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- The Citizen Band Potawatomi Indian Tribe of Oklahoma v. The Oklahoma Tax Commission Cindy Rambo Robert Wadley and Don KilpatrickCourt of Appeals for the Tenth Circuit · 1992
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