PUBLIC CITIZEN v. BOWEN

No. 86-1494.

833 F.2d 364 (1987)

PUBLIC CITIZEN, et al., Petitioners, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, et al., Respondents, Cosmetic, Toiletry and Fragrance Association, Halogenated Solvents Industry Alliance, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 20, 1987.


Attorney(s) appearing for the Case

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

Richard K. Willard, Asst. Atty. Gen., Robert J. Cynkar, Deputy Asst. Atty. Gen., John R. Fleder, Douglas N. Letter, Jacqueline H. Eagle, Attorneys, Dept. of Justice, Washington, D.C., Thomas Scarlett, Chief Counsel and Richard E. Geyer, Associate Chief Counsel, Food and Drug Admin., Rockville, Md., were on the brief for respondents.

Peter Barton Hutt, Robert M. Sussman, Ellen J. Flannery and Bruce N. Kuhlik were on the brief for intervenor, Cosmetic, Toiletry and Fragrance Ass'n.

W. Caffey Norman, III and Joseph P. Esposito, Washington, D.C., were on the brief for intervenor, Halogenated Solvents Industry Alliance.

Before BUCKLEY and WILLIAMS, Circuit Judges, and AUBREY E. ROBINSON, Jr., Chief Judge.


Opinion PER CURIAM.

PER CURIAM.

Petitioner Public Citizen seeks judicial resolution of the question whether the Food and Drug Administration, once it has found a food additive to cause cancer in man or animals, may nonetheless approve it as safe for use on the basis of a "quantitative risk assessment" establishing that its use poses only a trivial health risk. The food additive here at issue is methylene chloride, used by some firms to decaffeinate coffee...

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