Certified Color Manufacturers Association v. F. David Mathews, Secretary of the Department of Hew

WILKEY, Circuit Judge:

This appeal is a challenge to the action of the Commissioner of Food and Drugs in terminating provisional approval of the col- or additive FD&C Red No. 2 (“Red No. 2”) pursuant to the Transitional Provisions of the 1960 Color Additives Amendments to the Federal Food, Drug, and Cosmetic Act. 1 The Certified Color Manufacturers Association and other parties (collectively referred to as “CCMA” or “appellants”) are appealing from the order of the District Court granting summary judgment to the defendants-appellees and dismissing CCMA’s complaint with prejudice, and thus…