Legal Opinion
Action on Smoking and Health v. Patricia Roberts Harris, Secretary of the Department of Health and Human Services
Court of Appeals for the D.C. Circuit
Decided December 19, 1980No. 18-3038PublishedCited by 24 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
In this case the organization Action on Smoking and Health (ASH) challenges the refusal by the Food and Drug Administration (FDA) to assert jurisdiction over cigarettes containing nicotine as a “drug” under section 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 321(g)(1)(C) (1976). According the Administration’s interpretation proper deference, we do not find this agency action arbitrary, capricious, or contrary to law and therefore affirm the judgment of the district court.
I. BACKGROUND
On May 26,…
2Cases cited20 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Power Reactor Development Co. v. International Union of Electrical, Radio & MacHine WorkersSupreme Court of the United States · 1961
- United States v. RutherfordSupreme Court of the United States · 1979
- United States v. Article of Drug . . . Bacto-UnidiskSupreme Court of the United States · 1969
- International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Uaw) v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1972
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3Cited by24 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Washington Legal Foundation v. HenneyCourt of Appeals for the D.C. Circuit · 2000
- Sottera, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2010
- Brown & Williamson Tobacco Corp. v. Food & Drug AdministrationCourt of Appeals for the Fourth Circuit · 1998
- Whitaker, Julian v. Thompson, TommyCourt of Appeals for the D.C. Circuit · 2004
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