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GROCERY MANUFACTURERS OF AM. v. DEPT. OF PUB. HEALTH

379 Mass. 70 (1979)

393 N.E.2d 881

GROCERY MANUFACTURERS OF AMERICA, INC. & others vs. DEPARTMENT OF PUBLIC HEALTH & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 28, 1979.

Attorney(s) appearing for the Case

John J. Curtin, Jr. (Irvin D. Gordon & Janis M. Berry with him) for the plaintiffs.

S. Stephen Rosenfeld, Assistant Attorney General (Terry Jean Seligmann & Robert Gaines, Assistant Attorneys General, with him) for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

The plaintiffs, who shall be referred to collectively as the GMA (Grocery Manufacturers of America, Inc.), brought this action under G.L.c. 231A, to challenge the validity of a food labeling regulation adopted in July, 1978, by the Department of Public Health (department). A single justice reported the case to the full court on the pleadings and a statement of agreed facts.

The challenged regulation appears in § 101.19 of the Massachusetts...

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