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AMERICAN FROZEN FOOD INSTITUTE v. MATHEWS

Civ. A. No. 74-354.

413 F.Supp. 548 (1976)

AMERICAN FROZEN FOOD INSTITUTE, Plaintiff, v. F. David MATHEWS and Alexander M. Schmidt, Defendants.

United States District Court, District of Columbia.

March 30, 1976.

Attorney(s) appearing for the Case

Edward Brown Williams, Jan Edward Williams, Washington, D. C., for plaintiff.

Richard Merrill, H.E.W., Peter Schaumber, Asst. U. S. Atty., Washington, D. C., for defendants.

MEMORANDUM AND OPINION

AUBREY E. ROBINSON, Jr., District Judge.

By this action Plaintiff American Frozen Food Institute (AFFI) challenges the innovative attempt by the Food and Drug Administration (FDA) to regulate labeling in certain areas of the food industry through establishing "common and usual names" for nonstandardized foods. AFFI contends that two recent rulings from FDA which establish common and usual names for seafood cocktails and frozen heat...

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