CONSUMERS U. OF U.S., INC. v. CONSUMER PRODUCT SAFETY COM'N

No. 161, Docket 73-1617.

491 F.2d 810 (1974)

CONSUMERS UNION OF UNITED STATES, INC., Petitioner, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided January 4, 1974.


Attorney(s) appearing for the Case

Marsha N. Cohen, Washington, D. C. (Peter H. Schuck, Washington, D. C., on the brief), for petitioner.

Thomas S. Brett, Atty., Dept. of Justice, Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen., Gregory B. Hovendon, Atty., Dept. of Justice; Michael A. Brown, Acting Gen. Counsel, Paul W. Hallman, Counsel, Consumer Product Safety Commission, Washington, D. C., on the brief), for respondent.

Before MOORE, HAYS and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge:

The sole issue before us on this petition to review portions of regulations of the Food and Drug Administration, 21 C.F.R. §§ 191b.5(e), 191b.3(e) (2) and 191b.7 (1973), establishing standards for electrically operated toys and other electrically operated articles intended for use by children is whether the determination by the Commissioner of Food and Drugs in promulgating the regulations was "arbitrary, capricious, an abuse of discretion...

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