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NATIONAL NUTRITIONAL FOODS ASS'N v. WEINBERGER

No. 228, Docket 74-1738.

512 F.2d 688 (1975)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs-Appellants, v. Casper W. WEINBERGER, Secretary of Health, Education and Welfare and Alexander M. Schmidt, Commissioner of Food and Drugs, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 3, 1975.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (Bass & Ullman, New York City, of counsel), for plaintiffs-appellants.

Naomi Reice Buchwald, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the Southern District of New York, Gerald A. Rosenberg, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Kirkpatrick W. Dilling, and Dennis M. Gronek, Chicago, Ill. (Diana J. Dilling, Chicago, Ill., of counsel), for amicus curiae National Health Federation.

Before LUMBARD, WATERMAN and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal by producers and vendors of vitamin preparations arises out of their unsuccessful attempt in the Southern District of New York to challenge regulations promulgated by the United States Food and Drug Administration ("FDA" herein) pursuant to § 701(a) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. (the "Act" herein), which classify as "prescription drugs" all preparations of Vitamin A containing more...

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