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BRANDENFELS v. HECKLER

No. 82-7279.

716 F.2d 553 (1983)

Carl BRANDENFELS, Petitioner, v. Margaret M. HECKLER, Secretary of Health and Human Services, et al., Respondents.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1983.

Amended September 22, 1983.

Attorney(s) appearing for the Case

Frank J. Delany, Washington, D.C., for petitioner.

Frederic Freilicher, Dept. of Justice, Washington, D.C., for respondents.

Before KENNEDY, TANG and POOLE, Circuit Judges.

POOLE, Circuit Judge:

We affirm the decision of the Commissioner of the Food and Drug Administration withdrawing approval of petitioner's new drug application.

FACTS

Brandenfels Scalp and Hair Applications and Massage is an aqueous solution of 0.25% sulfanilimide and an aqueous solution of 1.5% lanolin. The labeling reviewed by the Food and Drug Administration's (FDA) scientific panels claimed that the treatment tends to soften the scalp, to remove...

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