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NATIONAL NUTRITIONAL FOODS ASS'N v. KENNEDY

Nos. 604 and 605, Dockets 77-4097 and 77-4104.

572 F.2d 377 (1978)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION, the National Association of Pharmaceutical Manufacturers and Solgar Co., Inc., Petitioners, v. Donald KENNEDY, Commissioner of Food and Drugs, and United States Department of Health, Education & Welfare, Food and Drug Administration, Respondents. Miles H. ROBINSON, pro se, Petitioner, v. Donald KENNEDY, Commissioner of Food and Drugs, and United States Department of Health, Education & Welfare, Food and Drug Administration, Respondents.

United States Court of Appeals, Second Circuit.

Decided February 16, 1978.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (Jacob Lauffer, and Bass, Ullman & Lustigman, New York City, of counsel), for petitioners, The National Nutritional Foods Association, The National Association of Pharmaceutical Manufacturers and Solgar Co., Inc.

Miles H. Robinson, M. D., pro se.

Charles R. McConachie, Chief, Consumer Affairs Section, U. S. Dept. of Justice, Washington, D. C. and Jess H. Stribling, Food and Drug Administration, Rockville, Md. (John H. Shenefield, Asst. Atty. Gen., Antitrust Div., Dept. of Justice, Washington, D. C., and Stephen H. McNamara, Acting Chief Counsel, Food and Drug Administration, Rockville, Md., of counsel), for respondents.

Before FRIENDLY, SMITH and MESKILL, Circuit Judges.

FRIENDLY, Circuit Judge:

This is the latest but, unfortunately, probably not the last chapter in the bitter battle between the Food and Drug Administration (FDA) and manufacturers and vendors of pills and liquids containing vitamins and minerals and citizens allied with the latter. While the manufacturers and vendors have obvious private interests as well, the battle reflects what appears to be a sincere sentiment on the part of many citizens that daily ingestion...

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