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UNIMED, INC. v. RICHARDSON

No. 24877.

458 F.2d 787 (1972)

UNIMED, INC., Petitioner, v. Elliott RICHARDSON, Secretary of Health, Education and Welfare, et al., Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1972.

Attorney(s) appearing for the Case

Mr. Donald J. Cronin, with whom Mr. Joseph A. Fanelli, Washington, D. C., was on the brief, for petitioner.

Mr. Eugene M. Pfeifer, Atty., U. S. Department of Health, Education and Welfare, of the bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of court, with whom Messrs. William W. Goodrich, Asst. General Counsel, Food, Drugs, and Environmental Health Division, Health, Education and Welfare, and Howard S. Epstein, Atty. Department of Justice, were on the brief, for respondent.

Before BAZELON, Chief Judge, and McGOWAN and TAMM, Circuit Judges.

PER CURIAM:

Congress has provided that new drugs may not be introduced into interstate commerce without the prior approval of the Secretary of Health, Education and Welfare (for whom the Commissioner of Food and Drugs has been authorized to act); and such approval, once given, may thereafter be withdrawn after notice and opportunity for hearing. 21 U.S.C. §§ 355(a) and (e) (1970). Direct review of any such order may be had in this court, under a statutory...

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