NUTRITIONAL HEALTH ALLIANCE v. FDA

Docket No. 01-6011.

318 F.3d 92 (2003)

NUTRITIONAL HEALTH ALLIANCE, Plaintiff-Appellant, v. FOOD AND DRUG ADMINISTRATION and Donna Shalala, in her official capacity as Secretary, U.S. Department of Health and Human Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 21, 2003.


Attorney(s) appearing for the Case

John M. Desiderio, Desiderio, PC & Associates, New York, NY, (Robert Ullman and H. Elliot Wales on the brief) for Appellant.

Charles S. Kleinberg, Assistant U.S. Attorney, U.S. Attorney's Office, Brooklyn, NY, (Alan Vinegrad, U.S. Attorney and Deborah B. Zwany, Assistant U.S. Attorney on the brief) for Appellees.

Before: KEARSE, MINER, F.I. PARKER Circuit Judges.


F.I. PARKER, Circuit Judge.

Plaintiff-appellant, Nutritional Health Alliance ("NHA"), appeals from a judgment entered on November 15, 2000 by the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) denying NHA's motion for summary judgment and granting the cross-motion of defendants-appellees, the Food and Drug Administration ("FDA") and Secretary of Health and Human Services ("Secretary"), for summary judgment dismissing...

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