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NATIONAL NUTRITIONAL FOODS ASS'N v. GOYAN

No. 80 Civ. 3709 (MP).

493 F.Supp. 1044 (1980)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. Jere E. GOYAN, Commissioner of Food and Drugs and Food and Drug Administration, Defendants.

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

July 24, 1980.

Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty. for the Southern District of New York, by Stephen A. Dvorkin, Asst. U.S. Atty., New York City, and Donald Segal, U.S. Food and Drug Administration, Rockville, Md., for defendants.

Bass, Ullman & Lustigman, New York City, by Milton A. Bass, Sheldon S. Lustigman, Jacob Laufer, New York City, for plaintiffs.

DECISION

MILTON POLLACK, District Judge.

Plaintiffs have applied for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, enjoining the Food and Drug Administration ("FDA") and its Commissioner from enforcing a regulation entitled "Protein Products; Warning Labelling", 21 C.F.R. § 101.17, as published at 45 Fed.Reg. 22913-14 (April 4, 1980), which is scheduled to go into effect August 4, 1980. This regulation requires...

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