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AJAY NUTRITION FOODS, INC. v. FOOD & DRUG ADMINISTRATION

Civ. A. No. 328-73.

378 F.Supp. 210 (1974)

AJAY NUTRITION FOODS, INC., d/b/a Dave's Diet and Nutrition Foods, et al., Plaintiffs, v. FOOD AND DRUG ADMINISTRATION, Department of Health, Education and Welfare, et al., Defendants.

United States District Court, D. New Jersey.

April 5, 1974.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, by David Ficksman (New York bar), Henry L. Gurshman, Metuchen, N. J., for plaintiffs.

Herbert J. Stern, U. S. Atty., Newark, N. J., by William J. Hunt, Asst. U. S. Atty., for defendants.

OPINION

COOLAHAN, District Judge.

This is an action against the Food and Drug Administration (FDA), its Commissioner,1 and the Secretary of Health, Education and Welfare, brought as a class action2 by the corporate plaintiffs, who are engaged in the sale and distribution of health food products and who are members of the National Nutritional Foods Association...

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