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NATIONAL NUTRITIONAL FOODS ASSOCIATION v. WEINBERGER

No. 73 Civ. 3448.

376 F.Supp. 142 (1974)

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.

April 5, 1974.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, for plaintiffs; Milton A. Bass, New York City, of counsel.

Paul J. Curran, U. S. Atty., New York City, for defendants; Naomi L. Reice, Asst. U. S. Atty., of counsel.

FRANKEL, District Judge.

On October 1, 1973, regulations of the Food and Drug Administration became effective requiring that preparations of Vitamin A and Vitamin D in excess of 10,000 IU (international units) per dosage unit and 400 IU per dosage unit, respectively, be restricted to prescription sale and that such vitamins be labeled accordingly. 21 C.F.R. §§ 3.94 and 3.95 (1973). The regulations were declared to have been promulgated to implement the ...

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