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SCOTT v. FOOD AND DRUG ADMIN.

Nos. 82-3544, 82-3759.

728 F.2d 322 (1984)

Glenn M.W. SCOTT, Petitioner, v. FOOD AND DRUG ADMINISTRATION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1984.

Attorney(s) appearing for the Case

Glenn M.W. Scott argued, pro se.

Donald O. Beers, Food and Drug Admin., Rockville, Md., John J. Powers, II, Margaret G. Halpern argued, Dept. of Justice, Antitrust Div., Washington, D.C., for respondent.

Ellen J. Flannery, Covington & Burling, Washington, D.C., for amicus curiae Cosmetic, Toiletry and Fragrance Assn.

Daniel R. Thompson, Mark W. Smith, Washington, D.C., for amicus curiae Certified Color Mfrs. Assn.

Before ENGEL, KRUPANSKY and WELLFORD, Circuit Judges.

PER CURIAM.

Petitioner, acting pro se, seeks judicial review of 21 C.F.R. 74.1205, a regulation issued by the Food and Drug Administration (FDA) authorizing the permanent listing and therefore the continued use of a color additive, D & C Green No. 5, in drugs and cosmetics.1 This regulation was promulgated by the FDA after it determined through tests required under the Color Additive Amendments of 1960 that D & C Green No. 5, then...

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