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MEDINATURA, INC. v. FOOD & DRUG ADMIN.

No. 20-5341.

998 F.3d 931 (2021)

MEDINATURA, INC., Appellant v. FOOD & DRUG ADMINISTRATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2021.

Attorney(s) appearing for the Case

David B. Salmons argued the cause for appellant. With him on the briefs were Jason R. Scherr and Douglas A. Hastings .

Courtney L. Dixon , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, Scott R. McIntosh , Attorney, and Annamarie Kempic , Deputy Chief Counsel for Litigation, U.S. Food and Drug Administration.

Before: Henderson, Rogers and Wilkins, Circuit Judges.

The Federal Food, Drug, and Cosmetic Act (FDCA) regulates homeopathic drugs. A 1988 Food and Drug Administration (FDA) guidance document outlined the circumstances in which the FDA intended to exercise its discretion not to enforce the full force of the FDCA against homeopathic drugs. In October 2019, the...

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