Legal Opinion
Amp Incorporated v. John W. Gardner, Secretary of Health, Education and Welfare, and James L. Goddard, Commissioner of Food and Drugs
Court of Appeals for the Second Circuit
Decided February 13, 1968No. 258, Docket 31829PublishedCited by 40 opinions
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
This appeal from a summary judgment presents the question whether two products manufactured by appellant, AMP Incorporated, are “new drugs” within the meaning of the Federal Food, Drug, and Cosmetic Act (“the Act”), 52 Stat. 1040 (1938), as amended, 21 U.S.C. §§ 301-392.
Both of the products are intended to be used in a new method of tying off, or ligating, severed blood vessels during surgery. The conventional ligating method is to hand-tie ligatures around severed vessels by means of a surgeon’s knot (which is a reef knot). AMP’s products both consist of a…
2Cases cited7 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- United States v. DotterweichSupreme Court of the United States · 1943
- United States v. 354 BULK CARTONS, ETC.District Court, D. New Jersey · 1959
- Patrick Cawley v. United StatesCourt of Appeals for the Second Circuit · 1959
- Merritt Corporation v. FolsomDistrict Court, District of Columbia · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
- Biotics Research Corporation v. Margaret Heckler, Sec'y Etc., Seroyal Brands, Inc. v. Margaret Heckler, Sec'y Etc.Court of Appeals for the Ninth Circuit · 1983
- United States v. 41 Cases, More or Less, Etc., Naremco, Inc., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1970
- United States v. Article . Consisting of 216Court of Appeals for the Second Circuit · 1969
- United States v. An Article of Drug, Etc., and Palmer Chemical & Equipment Company, Inc., Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1981
35 more not listed; retrieve them via the Exa API.