Opinion for the Court filed by Circuit Judge BORK.
Dissenting opinion filed by Circuit Judge MIKVA.
BORK, Circuit Judge:
Prior to 1960, color additives used in foods, drugs, and cosmetics could be marketed lawfully unless the Food and Drug Administration ("FDA") tested them and found them unsafe. Because of the FDA's limited resources, Congress believed this testing process likely to be unduly prolonged. In 1960, therefore, the Color Additive Amendments...
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