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CONSUMERS UNION OF U.S., INC. v. DEPT. OF H. E. W.

Civ. A. No. 75-1250.

409 F.Supp. 473 (1976)

CONSUMERS UNION OF UNITED STATES, INC., Plaintiff, v. DEPARTMENT OF HEALTH, EDUCATION & WELFARE, et al., Defendants, and The Cosmetic, Toiletry and Fragrance Association Inc., Intervenor-Defendant.

United States District Court, District of Columbia.

March 12, 1976.

Attorney(s) appearing for the Case

Nancy H. Chasen, Washington, D. C., for plaintiff.

Peter C. Schaumber, Asst. U. S. Atty., Kenneth Baumgartner, Associate Chief Counsel for Enforcement Food and Drug Administration, Washington, D. C., for defendants.

Eugene I. Lambert, Covington & Burling, Washington, D. C., for intervenor-defendant.

MEMORANDUM AND ORDER

JOHN LEWIS SMITH, Jr., District Judge.

This case involves a relatively narrow legal question: Were the meetings held on April 9 and September 17, 1975 between Food and Drug Administration (FDA) officials and representatives of the Cosmetic, Toiletry and Fragrance Association, Inc. (CTFA, Intervenor) advisory committee meetings within the meaning of the Federal Advisory Committee Act (FACA, Act), 5 U.S.C. App. I? If so, they were invalidly...

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