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AMERICAN PUBLIC HEALTH ASSOCIATION v. VENEMAN

Civ. A. No. 1847-70.

349 F.Supp. 1311 (1972)

AMERICAN PUBLIC HEALTH ASSOCIATION and National Council of Senior Citizens, Plaintiffs, v. John G. VENEMAN, Acting Secretary of the Department of Health, Education and Welfare, and Charles Edwards, Commissioner of the Food and Drug Administration, Defendants.

United States District Court, District of Columbia.

August 23, 1972.

Attorney(s) appearing for the Case

Bruce J. Lerris, Washington, D. C., for plaintiff.

Thomas A. Flannery, U. S. Atty., Joseph M. Hannon, Mary E. Folhard, Asst. U. S. Attys., Washington, D. C., for defendants.

MEMORANDUM

BRYANT, District Judge.

I

Before the court are the cross-motions of the parties for summary judgment. Because of the complex nature of this case, a detailed recitation of the facts is appropriate.

In 1962, the Congress amended the Food, Drug, and Cosmetic Act of 1938 to require that all drugs on the market be proven effective for their suggested use.1 Under 21 U.S.C. § 355(e) (1970),

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