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NATIONAL NUTRITIONAL FOODS ASS'N v. FOOD & DRUG ADMIN.

No. 73-2129.

491 F.2d 1141 (1974)

NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Petitioners, v. FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 1, 1974.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, for petitioners.

Howard S. Epstein, Asst. Chief, Consumer Affairs Section, Dept. of Justice, Washington, D. C. (Stephen H. McNamara, Howard M. Holstein, Food and Drug Div., Dept. of Health, Education, and Welfare, Rockville, Md., of counsel), for respondent.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

This motion is made in one of fifteen petitions to review two orders of the Food and Drug Administration (FDA) signed by Alexander M. Schmidt, Commissioner of Food and Drugs, on July 25, 1973, and published in the Federal Register on August 2, 1973. These orders added to 21 C.F.R. Part 80—Definitions and Standards of Identity for Food for Special Dietary Uses, 38 F.R. 20730-40, and revised Part 125—Label Statements Concerning...

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