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AMERICAN HEALTH PRODUCTS CO., INC. v. HAYES

No. 82 Civ. 4492 (ADS).

574 F.Supp. 1498 (1983)

AMERICAN HEALTH PRODUCTS CO., INC., General Nutrition Center, Inc., General Nutrition Corp., Melva Natural Products, Inc., Nature's Bounty, Inc., Nutrition Headquarters, Inc., Phoenix Laboratories, Inc., R-Kane Products, Inc., and Sunrise Chemical, Inc., Plaintiffs, v. Arthur Hull HAYES, Commissioner of Food and Drugs, and Food and Drug Administration, Defendants.

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

November 14, 1983.

Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City, for plaintiffs; Lawrence H. Roth, Robert Ullman, Jacob Laufer, Steven Trost, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., Southern District of New York, New York City, for defendants; Janis Farrell, Asst. U.S. Atty., New York City, Stephen D. Terman, Rockville, Md., Don Burley, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

On July 1, 1982, the Food and Drug Administration ("FDA") announced its decision to classify as drugs under section 201(g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (hereinafter the "Act"), a group of products generally known as "starchblockers." 21 U.S.C. § 321(g)(1)(C). A short time later plaintiffs, who manufacture starchblockers, brought this action for a declaratory judgment that their...

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