NATIONAL NUTRITIONAL FOODS ASS'N v. WEINBERGER

No. 73 Civ. 3448.

366 F.Supp. 1341 (1973)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs, Defendants.

United States District Court, S. D. New York.

September 25, 1973.


Attorney(s) appearing for the Case

Bass & Ullman, New York City, for plaintiffs.

Paul J. Curran, U. S. Atty., for the S. D. of N. Y., Naomi L. Reice, Asst. U. S. Atty., Joanne S. Sisk, Chief App. and Sp. Proceedings, Dept. of Health, Education and Welfare, for defendants; Stephen H. McNamara, Atty., Office of Gen. Counsel, Dept. of Health, Education and Welfare, of counsel.


MEMORANDUM

FRANKEL, District Judge.

On October 1, 1973, regulations of the Food and Drug Administration will become effective requiring that preparations of Vitamin A and Vitamin D in excess of 10,000 I.U. (international units) per dosage unit and 400 I.U. per dosage unit, respectively, shall be restricted to prescription sale and that such vitamins shall be labelled accordingly. The regulations read as follows:

21 C.F.R. § 3.94

"(a...

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