Legal Opinion

National Nutritional Foods Association and Solgar Co., Inc. v. Food and Drug Administration, United States Department of Health, Educationand Welfare

Court of Appeals for the Second Circuit

Decided February 1, 1974No. 73-2129PublishedCited by 76 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This motion is made in one of fifteen petitions to review two orders of the Food and Drug Administration (FDA) signed by Alexander M. Schmidt, Commissioner of Food and Drugs, on July 25, 1973, and published in the Federal Register on August 2, 1973. These orders added to 21 C.F.R. Part 80—Defi-nitions and Standards of Identity for Food for Special Dietary Uses, 38 F.R. 20730-40, and revised Part 125—Label Statements Concerning Dietary Properties of Food Purporting to Be or Represented for Special Dietary Uses, 38 F.R. 20708-18. These voluminous regulations, fully…

2Cases cited17 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
  4. United States v. MorganSupreme Court of the United States · 1941
  5. Morgan v. United StatesSupreme Court of the United States · 1938

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3Cited by76 opinions

  1. In Re SibleyDistrict of Columbia Court of Appeals · 2010
  2. Sierra Club v. Douglas M. Costle, Administrator of the Environmental Protection Agency, National Coal Association, Alabama Power Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1981
  3. United States v. Gloria AuletCourt of Appeals for the Second Circuit · 1980
  4. John M. Bates v. Harold E. SponbergCourt of Appeals for the Sixth Circuit · 1976
  5. County of Suffolk, County of Nassau, Town of Islip, Town of Hempstead, Town of North Hempstead, Town of Oyster Bay, Town of Huntington, and the Board of Trustees of the Town, of Huntington and Concerned Citizens of Montauk, Inc. v. Secretary of the Interior, National Ocean Industries Association, and New York Gas Group, Intervenor-Defendants-Appellants. The Natural Resources Defense Council, Inc. v. Secretary of the Interior, National Ocean Industries Association, National Supply Company, Continental Oil Company, Diamond M. Drilling Company, Digicon, Inc., Dresser Industries, Inc., Houston Oil & Minerals Corporation, Levingston Shipbuilding Company, Murphy Oil Corporation, Ocean Production Company, Transco Companies, Inc. And Zapata Corporation, Intervenor-Defendants-AppellantsCourt of Appeals for the Second Circuit · 1977

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