SIMPSON v. YOUNG

No. 87-1237.

854 F.2d 1429 (1988)

Nancy Hendree SIMPSON, Public Citizen Health Research Group, and Center for Science in the Public Interest, Petitioners, v. Dr. Frank E. YOUNG, Commissioner, Food and Drug Administration, Respondent. Certified Color Manufacturers' Association, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1988.


Attorney(s) appearing for the Case

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

Gerald C. Kell, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Margaret A. Cotter, Asst. Director, Office of Consumer Litigation, Dept. of Justice, Washington, D.C., Thomas Scarlett, Chief Counsel, Food and Drug Admin., Rockville, Md., and Ann H. Wion, Associate Chief Counsel, Food and Drug Admin., Washington, D.C., were on the brief, for respondent.

John P. McKenna, with whom Daniel R. Thompson, Washington, D.C., was on the brief, for intervenor.

Before MIKVA, EDWARDS, and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In March 1987, Dr. Frank E. Young, the Commissioner of the Food and Drug Administration ("FDA"), issued a final ruling certifying as safe for human consumption the color additive FD & C Blue No. 2. The Health Research Group, the Center for Science in the Public Interest, and Nancy Hendree Simpson ("petitioners") contend that an animal study...

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