PUBLIC CITIZEN, et al., Petitioners,
v.
Dr. Frank YOUNG, Commissioner, Food and Drug Administration, et al., Respondents,
Cosmetic, Toiletry and Fragrance Association, Intervenor.
PUBLIC CITIZEN, et al., Appellants,
v.
DEPARTMENT OF HEALTH & HUMAN SERVICES, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 26, 1987.
Decided October 23, 1987.
Attorney(s) appearing for the Case
William B. Schultz, with whom Katherine A. Meyer and Alan B. Morrison were on the brief for petitioners in No. 86-1548 and appellants in No. 86-5150.
Douglas N. Letter, Appellant Litigation Counsel, Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Robert L. Cynkar, Deputy Asst. Atty. Gen., Margaret A. Cotter, Asst. Director, Jacqueline H. Eagle, Attorney, Dept. of Justice, Thomas Scarlett, Chief Counsel and Richard E. Geyer, Associate Chief Counsel, Food and Drug Admin. were on the brief for respondents in No. 86-1548.
Robert C. Seldon, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Asst. U.S. Attys., Thomas Scarlett, Chief Counsel and Richard E. Geyer, Associate Chief Counsel, Food and Drug Admin. were on the brief for federal appellees in No. 86-5150.
John P. McKenna, with whom Daniel R. Thompson was on the brief for appellee, Certified Color Mfrs. Ass'n in No. 86-5150.
Peter Barton Hutt for intervenor in No. 86-1548. Robert M. Sussman, Ellen J. Flannery, and Bruce N. Kuhlik were on the brief for the Cosmetic, Toiletry and Fragrance Ass'n appellee in No. 86-5150 and intervenor in No. 86-1548.
Before RUTH B. GINSBURG and WILLIAMS, Circuit Judges, and HAROLD H. GREENE, District Judge.
United States Court of Appeals, District of Columbia Circuit.
Petition for Review of an Order of the Food and Drug Administration
Opinion for the Court filed by Circuit Judge WILLIAMS.
WILLIAMS, Circuit Judge:
The Color Additive Amendments of 1960, Pub.L. No. 86-618, 74 Stat. 397 (codified at 21 U.S.C. § 376 (1982)), part of the Food, Drug and Cosmetic Act (the "Act"), establish an elaborate system for regulation of color additives in the interests of safety. A color additive may be used only after the...
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