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ABBOTT LABORATORIES v. GARDNER

No. 39.

387 U.S. 136 (1967)

ABBOTT LABORATORIES ET AL. v. GARDNER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, ET AL.

Supreme Court of United States.

Decided May 22, 1967.

Attorney(s) appearing for the Case

Gerhard A. Gesell argued the cause and filed briefs for petitioners.

Nathan Lewin argued the cause for respondents. With him on the brief were Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg, Jerome M. Feit and William W. Goodrich.

MR. JUSTICE HARLAN delivered the opinion of the Court.

In 1962 Congress amended the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, as amended by the Drug Amendments of 1962, 76 Stat. 780, 21 U. S. C. § 301 et seq.), to require manufacturers of prescription drugs to print the "established name" of the drug "prominently and in type at least half as large as that used thereon for any proprietary name or designation...

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