Legal Opinion
American Health Products Co., Inc. v. Hayes
District Court, S.D. New York
Decided November 14, 1983No. 82 Civ. 4492 (ADS)PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SOFAER, District Judge:
On July 1, 1982, the Food and Drug Administration (“FDA”) announced its decision to classify as drugs under section 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (hereinafter the “Act”), a group of products generally known as “starchblockers.” 21 U.S.C. § 321(g)(1)(C). A short time later plaintiffs, who manufacture starchblockers, brought this action for a declaratory judgment that their products are a “food” under the Act and therefore exempt from its premarketing approval requirements. The United States moved for a preliminary…
2Cases cited21 opinions
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
- United States v. DotterweichSupreme Court of the United States · 1943
- United States v. Public Utilities CommissionSupreme Court of the United States · 1953
- Whirlpool Corp. v. MarshallSupreme Court of the United States · 1980
- United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. FacteauCourt of Appeals for the First Circuit · 2023
- United States v. General Nutrition, Inc.District Court, W.D. New York · 1986
- United States v. Ten Cartons, More or Less, of an Article ... Ener-B Vitamin B-12, Etc., United States of America v. Nature's Bounty, Inc.Court of Appeals for the Second Circuit · 1995
- United States v. Ten Cartons, Ener-B Nasal GelDistrict Court, E.D. New York · 1995
- Association of American, Physicians & Surgeons, Inc. v. United States Food & Drug AdministrationDistrict Court, District of Columbia · 2002
6 more not listed; retrieve them via the Exa API.