CENTER FOR SCIENCE IN PUBLIC INTEREST v. DEPT. OF TREASURY

Nos. 85-6133, 85-6155.

797 F.2d 995 (1986)

CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al. v. DEPARTMENT OF the TREASURY, et al., Appellants, Distilled Spirits Council of the United States, Inc. CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al. v. DEPARTMENT OF the TREASURY, et al., Distilled Spirits Council of the United States, Inc., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1986.


Attorney(s) appearing for the Case

Marleigh D. Dover, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and John F. Cordes, Atty., Dept. of Justice, Washington, D.C., were on the brief for Department of the Treasury, et al., appellants in No. 85-6133 and appellees in No. 85-6155. Robert E. Kopp, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for the Department of Treasury, et al.

Paul L. Friedman, with whom Lawrence B. Gotlieb, Washington, D.C., was on brief for Distilled Spirits Council of the United States, Inc., appellant in No. 85-6155 and appellee in No. 85-6133.

Bruce Silverglade, Washington, D.C., and Mitchell Zeller for Center for Science in the Public Interest, et al., appellees in Nos. 85-6133 and 85-6155.

John M. Studner, Washington, D.C., was on brief, for amicus curiae, New York State Consumer Protection Bd. in No. 85-6133 urging affirmance.

Before WALD, Chief Judge, GINSBURG, Circuit Judge, and RE, Chief Judge, United States Court of International Trade.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

For more than a decade, the Center for Science in the Public Interest ("CSPI") and the Bureau of Alcohol, Tobacco and Firearms ("BATF") have been sparring over the need to disclose ingredients on the labels of alcoholic beverages. BATF finally adopted an ingredient disclosure rule in 1980, but rescinded it in 1981; the recission was reversed by the District Court in 1983 but, after a round...

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