AMERICAN CYANAMID CO. v. FOOD & DRUG ADMINISTRATION

No. 77-1969.

606 F.2d 1307 (1979)

AMERICAN CYANAMID COMPANY, Petitioner, v. FOOD AND DRUG ADMINISTRATION and Joseph A. Califano, Secretary of Health, Education and Welfare et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1979.

As Amended August 23, 1979.


Attorney(s) appearing for the Case

William R. Pendergast, Washington, D. C., with whom Wayne H. Matelski, Washington, D.C., was on the brief, for petitioner.

Vicki G. Golden, Atty., Dept. of Justice, Washington, D.C., with whom Charles R. McConachie, Atty., Dept. of Justice, Richard M. Cooper, Chief Counsel, and Edward J. Allera, Associate Chief Counsel, Food and Drug Administration, Washington, D.C., were on the brief, for respondents.

Before TAMM, ROBINSON and MacKINNON, Circuit Judges.


Opinion for the Court filed by SPOTTS-WOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

On June 3, 1968, the Food and Drug Administration (FDA) approved a new animal drug application (NADA) for Proban, a drug in capsule form manufactured by American Cyanamid Company (Cyanamid) and designed for the control of fleas on dogs.1 FDA authorized this NADA on a finding that Proban had been shown to be safe...

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