CORN PRODUCTS COMPANY, Petitioner,
v.
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, FOOD AND DRUG ADMINISTRATION, Respondent.
DERBY FOODS, INC., Petitioner,
v.
FOOD & DRUG ADMINISTRATION, U. S. Department of H.E.W., Respondent.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 29, 1969.
Decided May 14, 1970.
Rehearings Denied June 22, 1970.
Attorney(s) appearing for the Case
William F. Cody, New York City (James M. Orman, Philadelphia, Pa., Vincent A. Kleinfeld, Stanley J. Krieger, Washington, D. C., Arthur C. O'Meara, Harvey L. Hensel, Chicago, Ill., Earl G. Spiker, Washington, D. C., on the brief), for Derby Foods, Inc.
Alan H. Kaplan, Kleinfeld & Kaplan, Washington, D. C. (Warren S. Adams, 2nd, New York City, Richard P. Brown, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for Corn Products Co.
William W. Goodrich, Asst. Gen. Counsel, Food, Drug & Environmental Health Division, Washington, D. C. (Will Wilson, Asst. Atty. Gen., Criminal Division, Harold P. Shapiro, Chief, Administrative Regulations Section, Dept. of Justice, Eugene M. Pfeifer, Atty., Department of Health, Education & Welfare, Washington, D. C., on the brief), for respondents.
Before STALEY, SEITZ and STAHL, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
STALEY, Circuit Judge.
Corn Products Company and Derby Foods, Inc.,1 petition for review of an order of the Food and Drug Administration, Department of Health, Education and Welfare, which establishes a definition and standard of identity for the food product known as peanut butter.2 They seek this review because their products, as they...
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