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FEDERATION OF HOMEMAKERS v. SCHMIDT

No. 74-2122.

539 F.2d 740 (1976)

FEDERATION OF HOMEMAKERS, Appellant, v. Alexander SCHMIDT, Commissioner of Food and Drugs, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1976.

Rehearing Denied September 20, 1976.

Attorney(s) appearing for the Case

James S. Turner, Washington, D. C., for appellant.

Richard A. Merrill, Chief Counsel, U. S. Food and Drug Administration, Rockville, Md., for appellees. Stephen H. McNamara, Associate Chief Counsel for Food, U. S. Food and Drug Administration, Howard S. Epstein, Asst. Chief, Consumer Affairs Section, Dept. of Justice, and Peter Barton Hutt, Chief Counsel, U. S. Food and Drug Administration, Washington, D. C., at the time the brief was filed, were on the brief for appellees.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The Food and Drug Administration (FDA) recently promulgated a regulation which, for the first time, attempted to define an imitation food subject to section 403(c) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 343(c) (1970). The appellants in this case challenge the new regulation as contrary to the terms of the Act and as arbitrary and capricious. We affirm the district...

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