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NATIONAL NUTRITIONAL FOODS ASS'N v. CALIFANO

No. 77 CIV 6083 (LBS).

457 F.Supp. 275 (1978)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Protein Products Association, Plaintiffs, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Donald M. Kennedy, Commissioner of Food and Drugs, and Allan L. Forbes, M.D., Acting Associate Director for Nutrition and Consumer Sciences, Bureau of Foods, Defendants.

United States District Court, S. D. New York.

August 29, 1978.

Attorney(s) appearing for the Case

Jacob Laufer, Bass, Ullman & Lustigman, New York City, for plaintiffs.

Robert B. Fiske, Jr., U. S. Atty., Peter R. Paden, Asst. U. S. Atty., New York City, Edward M. Basile, Asst. Chief Council for Enforcement, Food and Drug Division, Rockville, Md. of counsel, for defendants.

OPINION

SAND, District Judge.

In this action, plaintiffs, two trade associations representing manufacturers, wholesalers and retailers of various food products (including protein supplements) raise a number of objections to the rulemaking procedures employed by the United States Food and Drug Administration ("FDA") related to "special dietary protein products" and seek declaratory, injunctive and other relief...

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