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COMMUNITY NUTRITION INSTITUTE v. YOUNG

Nos. 84-1153, 84-5253.

773 F.2d 1356 (1985)

COMMUNITY NUTRITION INSTITUTE, et al., Petitioners, v. Dr. Frank YOUNG, Commissioner, Food and Drug Administration, Respondent, G.D. Searle & Co., Intervenor. COMMUNITY NUTRITION INSTITUTE, et al., Appellants, v. Dr. Frank YOUNG, Commissioner, Food and Drug Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1985.

Attorney(s) appearing for the Case

James S. Turner, Washington, D.C., for petitioners/appellants.

David A. Levitt, Atty., Dept. of Justice, Washington, D.C., with whom J. Patrick Glynn, Director, Office of Consumer Litigation, Dept. of Justice, and Thomas Scarlett, Chief Counsel, Food and Drug Admin., Washington, D.C., were on the brief, for respondent/appellee.

James R. Phelps and Robert A. Dormer, Washington, D.C., were on the brief for intervenor G.D. Searle & Co.

Before MIKVA, EDWARDS and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

These consolidated cases arose out of the Food and Drug Administration's ("FDA" or the "agency") approval, without a public hearing, of the food additive aspartame for use in liquids. Aspartame is an artificial sweetener more commonly known as Nutra-Sweet, when used as a food additive, or as Equal, when used as a tabletop sweetener.

The underlying issue here is the FDA's action...

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