NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Company, Inc., et al., Petitioners,
v.
FOOD AND DRUG ADMINISTRATION and United States Department of Health, Education and Welfare, et al., Respondents.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 19, 1974.
Decided August 15, 1974.
Certiorari Denied February 24, 1975.
Attorney(s) appearing for the Case
Milton A. Bass, New York City (Bass & Ullman, New York City, of counsel), for petitioners National Nutritional Foods Ass'n, Solgar Co., Inc., and National Ass'n of Pharmaceutical Manufacturers.
William R. Pendergast, Washington, D. C. (McMurray & Pendergast, Washington, D. C., of counsel), for petitioner Vitaminerals, Inc.
Kirkpatrick W. Dilling, Chicago, Ill. (Dilling & Dilling and Dennis M. Gronek, Chicago, Ill., of counsel), for petitioners National Health Federation and Mary Louise Martin.
Daniel Marcus, Washington, D. C. (Wilmer, Cutler & Pickering, Richard A. Allen, and Daniel D. Polsby, Washington, D. C., of counsel), for petitioners Archon Pure Products Corp., Plus Products, Wm. T. Thompson Co., and Council for Responsible Nutrition.
David S. King, Washington, D. C. (Williams & King, Washington, D. C., of counsel), for petitioners Karl B. Lutz, Ralph P. Glaser, Mary S. Hill, Dorothy Coffman, and Janie A. Meeter.
James S. Turner and Arthur D. Koch, Washington, D. C. (Swankin, Turner & Koch, Washington, D. C., of counsel), for petitioner Federation of Homemakers, Inc.
Edgar T. Bellinger, Washington, D. C. (Pope, Ballard & Loos and Dickson R. Loos, Washington, D. C., of counsel), for petitioner Sunkist Growers, Inc.
John Joseph Matonis, Washington, D. C., for petitioners Citizens for Truth in Nutrition, Catharyn Elwood, and East Coast Healthfood Organization.
Michael R. Sonnenreich, Washington, D. C. (Chayet & Sonnenreich, and Michael X. Morrell, Washington, D. C., of counsel), for petitioners Linus Pauling, Ph.D., and Roger J. Williams, Ph.D.
Howard S. Epstein, Antitrust Div. Dept. of Justice, Washington, D. C.; Stephen H. McNamara, and Howard M. Holstein, Dept. of Health, Education and Welfare, Washington, D. C.; Gregory B. Hovendon, Chief, Consumer Affairs Section, Dept. of Justice, Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen. Antitrust Div., Dept. of Justice, Washington, D. C., and Richard A. Shupack, Dept. of Health, Education and Welfare, Washington, D. C., of counsel), for respondents Food and Drug Administration, United States Department of Health, Education and Welfare, and others.
Before FRIENDLY and SMITH, Circuit Judges, and BARTELS, District Judge.
United States Court of Appeals, Second Circuit.
Certiorari Denied February 24, 1975. See 95 S.Ct. 1326.
FRIENDLY, Circuit Judge:
We have here 15 petitions under § 701 (f) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 371(f), to review two final regulations of the United States Food and Drug Administration (FDA)1 relating to vitamin and mineral supplements sold as foods. One regulalation, entitled Part 125—Label Statements Concerning Dietary Properties...
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