Legal Opinion

Abbott Laboratories v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, and George P. Larrick, Commissioner of Food and Drugs

Court of Appeals for the Third Circuit

Decided November 1, 1965No. 15055PublishedCited by 20 opinions

1Opinion of the Court

WEBER, District Judge.

This is an appeal from a declaratory judgment and injunction granted to plaintiffs in the District Court which holds that regulations issued and promulgated by defendants, the Secretary of Health, Education and Welfare, and the Commissioner of Food and Drugs are null and void and not authorized by the statute on which they are based. The injunction restrains the defendants and all parties acting under them from enforcing or attempting to enforce the regulations.

The statute involved is popularly known as the “Drug Amendments of 1962”, which added the provisions in…

2Cases cited19 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  4. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  5. United Public Workers of America v. MitchellSupreme Court of the United States · 1947

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3Cited by20 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Brown & Williamson Tobacco Corporation v. Federal Trade CommissionCourt of Appeals for the Sixth Circuit · 1983
  3. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
  4. Toilet Goods Ass'n v. GardnerSupreme Court of the United States · 1967
  5. Crescent Park Tenants Ass'n v. Realty Equities Corp.Supreme Court of New Jersey · 1971

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