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FORMULA v. HECKLER

No. 84-5747.

779 F.2d 743 (1985)

FORMULA, et al., Appellants v. Margaret M. HECKLER, Secretary of Health and Human Services, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 31, 1985.

Attorney(s) appearing for the Case

Katherine A. Meyer, with whom William B. Schultz and Alan B. Morrison, Washington, D.C., were on the brief, for appellants.

Marcia A. Johnson, Atty., U.S. Dept. of Justice, Washington, D.C., of the bar of the Supreme Court of Neb., pro hac vice, by special leave of court, for appellees. Richard K. Willard, Acting Asst. Atty. Gen., John R. Felder and Vicki G. Golden, Attys., U.S. Dept. of Justice, Washington, D.C., and Thomas Scarlett, Chief Counsel, Food & Drug Admin., Rockville, Md., were on the brief, for appellees.

Before ROBINSON, Chief Judge, STARR, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case presents a challenge to portions of the Food and Drug Administration's regulations pertaining to infant formula,1 published at 5 C.F.R. §§ 106.1-106.120 (1984) and promulgated pursuant to the Infant Formula Act of 1980, Pub.L. No. 96-359, 94 Stat. 1190 (codified principally at 21 U.S.C. § 350a (1982)). The regulations at issue address...

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