National Nutritional Foods Ass'n v. Young

MILTON POLLACK, Senior District Judge.

This is a suit for an injunction and declaratory judgment which seeks to invalidate regulations of the Food and Drug Administration (“FDA”) promulgated on April 6, 1984 and applicable to high-concentrate food products deriving more than 50% of their caloric value from protein. Plaintiffs challenge the warning labels required on such food products as arbitrary and capricious, and as unsupported by the administrative record of the Agency.

Jurisdiction of the Court over this suit resides in 28 U.S.C. §§ 1332 and 1391(a). In July, 1984, this Court denied…