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CARTER-WALLACE, INC. v. GARDNER

No. 12200.

417 F.2d 1086 (1969)

CARTER-WALLACE, INC., Petitioner, v. John W. GARDNER, Secretary of Health, Education, and Welfare, and James L. Goddard, Commissioner of Food and Drugs, Respondents.

United States Court of Appeals Fourth Circuit.

Decided November 4, 1969.

Attorney(s) appearing for the Case

Stephen R. Lang, Alexandria, Va. (William L. Hanaway, Breed, Abbott & Morgan, New York City, Ralph H. Ferrell, Jr., and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on brief), for petitioner.

William W. Goodrich, Asst. Gen. Counsel, Dept. of Health, Education, and Welfare (Joanne S. Sisk and Eugene M. Pfeifer, Attys., Dept. of Health, Education, and Welfare, and Fred M. Vinson, Jr., Asst. Atty. Gen., and William E. Ryan, Atty., Dept. of Justice, on brief), for respondents.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and HUTCHESON, Senior District Judge.

BUTZNER, Circuit Judge:

The Commissioner of Food and Drugs subjected meprobamate and compounds containing meprobamate in combination with other drugs to special controls under the Federal Food, Drug & Cosmetic Act.1 Carter-Wallace, Inc., a manufacturer and distributor of the drug, petitioned for review under the statutory proceedings authorized by the Act and the general provisions of the Administrative Procedure Act.

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