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TOILET GOODS ASSOCIATION, INC. v. CELEBREZZE

235 F.Supp. 648 (1964)

The TOILET GOODS ASSOCIATION, INC., et al., Plaintiffs, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, and George P. Larrick, Commissioner of Food and Drugs, Defendants.

United States District Court S. D. New York.

November 16, 1964.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiffs, William L. Hanaway, Edward J. Ross, and Stephen R. Lang, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for defendants, by Arthur S. Olick and Patricia A. Garfinkel, Asst. U. S. Attys., and William W. Goodrich, Asst. Gen. Counsel, for Food & Drugs, and William R. Pendergast, Atty., U. S. Dept. of Health, Education & Welfare.

TYLER, District Judge.

Forty individuals and companies manufacturing, distributing, and selling cosmetics in interstate commerce and an association of cosmetic manufacturers here seek a declaratory judgment [28 U.S.C. § 2201] as to the validity of certain provisions of regulations promulgated by the Commissioner of the Food and Drug Administration (FDA). These regulations were issued pursuant to the 1960 Color Additives Amendments to the Food, Drug, and Cosmetic...

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