PUBLIC CITIZEN v. FOREMAN

No. 79-1690.

631 F.2d 969 (1980)

PUBLIC CITIZEN, Claudia Silverman and Sidney M. Wolfe, Appellants, v. Carol Tucker FOREMAN, Assistant Secretary, Department of Agriculture et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1980.


Attorney(s) appearing for the Case

William B. Schultz, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for appellants.

Bruce E. Fein, Atty., U. S. Dept. of Justice, Washington, D. C., with whom Barry Grossman, Atty., U. S. Dept. of Justice, Raymond W. Fullerton, Director, Litigation Div., U. S. Dept. of Agriculture, Washington, D. C., and Richard M. Cooper, Chief Counsel, Food and Drug Administration, Rockville, Md., were on the brief, for appellees Foreman et al.

Hershel Shanks and James Bruce Davis, Washington, D. C., were on the brief for appellee National Independent Meat Packers Association.

Alan H. Kaplan, Richard S. Morey and Glenn E. Davis, Washington, D. C., entered appearances for intervenor American Meat Institute.

Before TAMM, ROBB and MIKVA, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

In this action Public Citizen, a nonprofit public interest group, and two of its members, seek to bring the nitrites used in bacon within the regulatory ambit of the Food and Drug Administration (FDA). They want a declaratory judgment that nitrites are an "unsafe" food additive within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301-392 (1976). Such a...

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