CARNOHAN v. UNITED STATES

No. 77-2899.

616 F.2d 1120 (1980)

Michael O. CARNOHAN et al., Appellants, v. UNITED STATES of America, and Joseph A. Califano, Secretary of Health, Education and Welfare, Griffin H. Bell, U. S. Attorney General, the State of California, Dr. Jerome A. Lackner, Calif. Director of Public Health, The Calif. Department of Public Health, and all John Doe District Attorneys of the State of California, and all John Doe City Attorneys of the State of Calif., Appellees.

United States Court of Appeals, Ninth Circuit.

April 7, 1980.


Attorney(s) appearing for the Case

Michael O. Carnohan, pro se.

Charles R. McConachie, Dept. of Justice, Washington, D. C., for appellees.

Before KILKENNY and GOODWIN, Circuit Judges, and KELLEHER, District Judge.


PER CURIAM.

Michael Carnohan brought a declaratory proceeding to secure the right to obtain and use laetrile in a nutritional program for the prevention of cancer. The district court held that the controversy properly fell within the primary jurisdiction of the federal and state administrative agencies charged with evaluating new drug applications and therefore dismissed the action. We affirm.

When Congress passed the Federal Food, Drug and Cosmetic Act, 21...

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