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COSMETIC, TOILETRY & FRAGRANCE ASS'N v. SCHMIDT

Civ. A. No. 75-1715.

409 F.Supp. 57 (1976)

COSMETIC, TOILETRY AND FRAGRANCE ASSOCIATION, INC., Plaintiff, v. Alexander SCHMIDT, Commissioner, Food and Drug Administration, and Food and Drug Administration, Defendants.

United States District Court, District of Columbia.

February 3, 1976.

Attorney(s) appearing for the Case

Eugene I. Lambert, Robert M. Sussman, Washington, D. C., for plaintiff.

Earl J. Silbert, U. S. Atty., Robert N. Ford, Patricia Frohman, Asst. U. S. Attys., Edward B. Craig IV, Dept. of Justice, Washington, D. C., for defendants; Richard A. Merrill, Chief Counsel, Barry Blyveis, Trial Atty., Food and Drug Administration, Rockville, Md., of counsel.

MEMORANDUM OPINION

CHARLES R. RICHEY, District Judge.

This case comes before the Court on the parties' cross motions for summary judgment. Plaintiff, a non-profit association whose members include nearly two hundred manufacturers and distributors of cosmetic products, asks this Court to declare invalid certain regulations promulgated by the defendant Food and Drug Administration on the ground that the regulations are arbitrary and capricious. The court has...

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