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CARSON PRODUCTS CO. v. CALIFANO

No. 77-1603.

594 F.2d 453 (1979)

CARSON PRODUCTS COMPANY, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, and Donald Kennedy, Commissioner of Food & Drugs, Food & Drug Administration, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 4, 1979.

Attorney(s) appearing for the Case

Ralph O. Bowden, III, Robert S. Glenn, Jr., Savannah, Ga., for plaintiff-appellant.

William T. Moore, Jr., U. S. Atty., Augusta, Ga., John H. Shenefield, Charles R. McConachie, Benjamin P. Schoen, Attys., Consumer Affairs Section, Antitrust Division, U. S. Dept. of Justice, Washington, D. C., Richard A. Merrill, Chief Counsel, Stuart M. Pape, Associate Counsel, Arnold I. Friede, Asst. Counsel, Food and Drug Admin., Rockville, Md., Henry L. Whisonhunt, Jr., Asst. U. S. Atty., Augusta, Ga., for Califano.

Before THORNBERRY, CLARK and RONEY, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This appeal concerns the efforts of the Carson Products Company to have an ingredient in one of its cosmetics products exempted from federal disclosure requirements as a trade secret. Carson raises a due process challenge to the procedures used by the Food and Drug Administration to determine the trade secret status of the ingredient, and it attacks on the merits the FDA's determination that the ingredient is not a trade secret. We affirm...

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