Takhar v. Kessler

OPINION

FLETCHER, Circuit Judge:

Santokh Takhar, a California-licensed veterinarian with a large-animal practice, challenges two Food and Drag Administration (FDA) Compliance Policy Guides (CPG) as exceeding the agency’s statutory mandate by regulating veterinarians’ extra-label drag use. He claims they contravene Congressional intent to exempt the practice of veterinary medicine from the Food, Drag and Cosmetic Act (FDCA). He also challenges the CPGs as substantive rales that were adopted without the notice-and-eomment procedures required by the Administrative Procedure Act. The district court…