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NUTRILAB, INC. v. SCHWEIKER

Nos. 82-2746, 82-2747.

713 F.2d 335 (1983)

NUTRILAB, INC., et al. and Bio-Tech Laboratories, Inc., et al., Plaintiffs-Appellants, v. Richard S. SCHWEIKER, U.S. Secretary of Health and Human Services; and Arthur Hull Hayes, Jr., Commissioner of the U.S. Food and Drug Admin., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1983.

Attorney(s) appearing for the Case

Dennis M. Gronek, Dilling, Dilling & Gronek, Chicago, Ill., for plaintiffs-appellants.

Thomas P. Walsh, Asst. U.S. Atty., Chicago, Ill., Don O. Burley, Office of Consumer Litigation, Dept. of Justice, Washington, D.C., Stephen D. Terman, Assoc. Chief Counsel, FDA, Rockville, Md. for defendants-appellees.

Before CUMMINGS, Chief Judge, POSNER, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Plaintiffs manufacture and market a product known as "starch blockers" which "block" the human body's digestion of starch as an aid in controlling weight. On July 1, 1982, the Food and Drug Administration ("FDA") classified starch blockers as "drugs" and requested that all such products be removed from the market until FDA approval was received. The next day plaintiffs filed two separate complaints in the district court seeking declaratory judgments...

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