MONSANTO COMPANY, Petitioner,
v.
Donald KENNEDY, as Commissioner of Food and Drugs, and Joseph A. Califano, Jr., as Secretary of Health, Education and Welfare, Respondents.
The SOCIETY OF the PLASTICS INDUSTRY, INC., Petitioner,
v.
Donald KENNEDY, as Commissioner of Food and Drugs, and Joseph A. Califano, Jr., as Secretary of Health, Education and Welfare, Respondents.
VISTRON CORPORATION, Petitioner,
v.
Joseph A. CALIFANO, as Secretary of Health, Education and Welfare and Donald Kennedy, as Commissioner of Food and Drugs, Respondents.
The CONTINENTAL GROUP, INC., Petitioner,
v.
Donald KENNEDY, Commissioner of Food and Drugs, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 15, 1979.
Decided November 6, 1979.
Attorney(s) appearing for the Case
John H. Pickering, Washington, D. C., with whom Jerome H. Heckman, William T. Lake and Michael S. Schooler, Washington, D. C., were on the brief, for petitioner in No. 77-2023.
Joel E. Hoffman, Washington, D. C., with whom Gloria Phraes Stewart, Washington, D. C., was on the brief, for petitioner in No. 77-2032.
Edward B. Williams, Washington, D. C., with whom John F. Jones, Cleveland, Ohio, George Meader and Daniel S. Orci, Jr., Washington, D. C., were on the brief, for petitioner in No. 77-2026.
Jerome H. Heckman, Washington, D. C., with whom John B. Dubeck and John S. Eldred, Washington, D. C., were on the brief, for petitioner in No. 77-2024.
Richard M. Cooper, Chief Counsel, Food and Drug Administration, Rockville, Md., with whom Charles R. McConachie, J. Patrick Glynn, Attys., Dept. of Justice, and Thomas Scarlett, Attys., Food and Drug Administration, Washington, D. C., were on the brief, for respondents.
Marcia J. Cleveland, New York City, was on the brief, for amicus curiae, Natural Resources Defense Council, Inc. urging affirmance.
Eugene I. Lambert, Allan J. Topol and Richard F. Kingham, Washington, D. C., were on the brief, for amicus curiae, American Can Co. et al., urging that the Commission's order to be set aside with directions to reinstate the regulations.
Malcolm D. MacArthur, Washington, D. C., was on the brief, for amicus curiae, National Flexible Packaging Ass'n urging Commissioner's order to be vacated and set aside.
Ronald A. Zumbrun, Robert K. Best, Raymond M. Momboisse, Sacramento, Cal., Albert Ferri, Jr. and Donald C. Simpson were on the brief, for Amicus Curiae, Pacific Legal Foundation, Washington, D.C., urging the order be reversed and vacated.
Before BAZELON, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge LEVENTHAL.
LEVENTHAL, Circuit Judge:
This case arises on a petition for review of a Final Decision and Order of the Commissioner of Food and Drugs1 in which he ruled that a substance used to fabricate unbreakable beverage containers, acrylonitrile copolymer, is a "food additive" within the meaning of section 201(s) of the Federal Food, Drug, and Cosmetic Act (the Act).
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
