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CONTACT LENS MFRS. v. FOOD & DRUG ADMIN. ETC.

No. 84-1025.

766 F.2d 592 (1985)

CONTACT LENS MANUFACTURERS ASSOCIATION, Petitioner, v. FOOD & DRUG ADMINISTRATION of the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1985.

Attorney(s) appearing for the Case

Daniel J. Manelli, Washington D.C., with whom Edward A. Scallet, Washington, D.C., was on brief, for petitioner.

Beverly Sherman Nash, Atty., Dept. of Justice, Richard K. Willard, Acting Asst. Atty. Gen., J. Patrick Glynn, Margaret A. Cotter, Mark H. Gallant, Attys., Dept. of Justice and Michael M. Landa, Atty., Food and Drug Admin., Washington, D.C., for respondent.

Before ROBINSON, Chief Judge, WALD and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge.

In 1938, Congress armed the Food and Drug Administration (FDA) with authority to prevent the marketing of hazardous drugs. By the mid-1970's, however, it had become apparent that the legislature's delineation of the FDA's domain was too narrow to enable the agency to protect the public from some of the most dangerous health care products. Mindful of recent misfortunes involving...

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