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FEDERATION OF HOMEMAKERS v. SCHMIDT

Civ. A. No. 2113-73.

385 F.Supp. 362 (1974)

FEDERATION OF HOMEMAKERS, Plaintiff, v. Alexander SCHMIDT and Food and Drug Administration, Defendants.

United States District Court, District of Columbia.

October 29, 1974.

Attorney(s) appearing for the Case

Arthur D. Koch, Washington, D. C., for plaintiff.

Earl J. Silbert, U. S. Atty., Arnold T. Aikens, Asst. U. S. Atty., and Thomas G. Corcoran, Jr., Asst. U. S. Atty., Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

WADDY, District Judge.

Plaintiff, a District of Columbia nonprofit corporation, brings this action for declaratory and injunctive relief against the Food and Drug Administration (FDA) and Alexander Schmidt, the Commissioner of Food and Drugs. Plaintiff alleges that the FDA has promulgated a regulation regarding the misbranding of food, 21 C.F.R. § 1.8(e), which is contrary to section 403(c) of the Federal Food, Drug, and Cosmetic...

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