IND. COSMETIC MFRS. v. U. S. DEPT. OF H. E. W.

Nos. 75-1845, 76-1007.

574 F.2d 553 (1978)

INDEPENDENT COSMETIC MANUFACTURERS AND DISTRIBUTORS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, United States Food and Drug Administration and Donald Kennedy, Commissioner of Food and Drug Administration, Respondents. INDEPENDENT COSMETIC MANUFACTURERS AND DISTRIBUTORS, INC., Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 1978.

Rehearing Denied April 11, 1978.


Attorney(s) appearing for the Case

Walter E. Byerley, Washington, D.C., for petitioner-appellant.

John R. Fleder, Atty., Dept. of Justice, Washington, D.C., with whom Charles R. McConachie, Chief, Consumer Affairs Section and Robert V. Allen, Atty., Dept. of Justice, Washington, D.C., were on the brief for respondent-appellee, Health, Education and Welfare.

Donald O. Beers, U. S. Food and Drug Administration, Rockville, Md., with whom Richard A. Merrill, Chief Counsel, U. S. Food and Drug Administration, Rockville, Md., were on the brief for respondent Food and Drug Administration.

Before ROBB and WILKEY, Circuit Judges, and GESELL, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the court filed by Circuit Judge ROBB.

Dissenting opinion filed by Circuit Judge WILKEY.

ROBB, Circuit Judge:

Independent Cosmetic Manufacturers and Distributors, Incorporated (ICMAD) challenges a regulation promulgated by the Food and Drug Administration. The regulation requires that all packaged cosmetics be identified by labels listing their ingredients. ICMAD challenged the regulation on two fronts. First, ICMAD sought declaratory and...

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