CUTLER v. KENNEDY

Civ. A. No. 77-0734.

475 F.Supp. 838 (1979)

Mimi CUTLER, Pamela S. Ellsworth, and Stephen D. Annand, Plaintiffs, v. Dr. Donald KENNEDY, Commissioner, Food and Drug Administration, Defendant, and The Proprietary Association, Inc., Defendant-Intervenor.

United States District Court, District of Columbia.

July 16, 1979.


Attorney(s) appearing for the Case

William B. Schultz, Washington, D.C., for plaintiff.

Patricia J. Kenney, Asst. U.S. Atty., Washington, D.C., for defendant Dr. Donald Kennedy.

Robert A. Altman, Clifford, Glass, McIlwain & Finney, Washington, D.C., for defendant Proprietary Ass'n, Inc.


OPINION

SIRICA, District Judge.

This action presents a consumer challenge to regulations adopted by the Food and Drug Administration (FDA) for policing the nation's over-the-counter (OTC) drug market. Although the original plaintiffs— Health Research Group and Public Citizen —were dismissed as parties for lack of standing, the Court allowed an amendment of the complaint which effectively substituted three individual OTC drug consumers as parties...

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