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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