U.S. v. 9/1 KG CONTAINERS

No. 88-1233.

854 F.2d 173 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. 9/1 KG. CONTAINERS, MORE OR LESS, OF AN ARTICLE OF DRUG FOR VETERINARY USE, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1988.

Rehearing Denied September 6, 1988.


Attorney(s) appearing for the Case

Lawrence G. McDade, Office of Consumer Litigation, Dept. of Justice, Washington D.C., for plaintiff-appellant.

James R. Phelps, Hyman, Phelps & McNamara, P.C., Washington, D.C., for defendants-appellees.

Before EASTERBROOK and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


EASTERBROOK, Circuit Judge.

No one may sell a new animal drug, or feed containing a new animal drug, without the approval of the Food and Drug Administration. 21 U.S.C. § 360b. Obtaining approval takes a long time and costs a lot of money, for the FDA requires thorough experimentation to determine both the drug's effects on animals and whether its residues persist in the animals and enter the food chain. A drug that leaves potentially-dangerous residues will...

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