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PEARSON v. SHALALA

Civil Action No. 95-1865(GK).

14 F.Supp.2d 10 (1998)

Durk PEARSON and Sandy Shaw, et al., Plaintiffs, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, et al., Defendants.

United States District Court, District of Columbia.

January 12, 1998.

Attorney(s) appearing for the Case

Jonathan Walker Emord, Emord & Associates, P.C., Washington, DC, James Steven Turner, Swankin & Turner, Washington, DC, for Plaintiffs.

Drake Stephen Cutini, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Susan Leslie Strawn, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, for Defendant.

Bruce Allan Silvergrade, Center for Science in Public Interest, Washington, DC, for Amicus Curiae.

Lauren Adams Colby, Frederick, MD. for Amicus Curiae.

Joseph A. Morris, Lincoln Legal Foundation, Chicago, IL, for Movant.

MEMORANDUM OPINION

KESSLER, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss [# 12], and Plaintiffs' Motion for Summary Judgment [# 28]. Plaintiffs, Durk Pearson and Sandy Shaw, the American Preventive Medical Association, Citizens for Health, and the National Health Federation, challenge the constitutional validity of several U.S. Food and Drug Administration ("FDA") regulations that require sellers of dietary supplements...

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