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NATIONAL NUTRITIONAL FOODS ASS'N v. NOVITCH

No. 84 Civ. 5108(MP).

589 F.Supp. 798 (1984)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. Mark NOVITCH, Acting Commissioner of Food and Drugs and Food and Drug Administration, Defendants.

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

July 30, 1984.

Attorney(s) appearing for the Case

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

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Amy Rothstein, Stephen A. Dvorkin, Asst. U.S. Attys., New York City, Edward M. Basile, Associate Chief Counsel for Enforcement, United States Food and Drug Administration, Rockville, Md., for the Acting Commissioner of the Food and Drug Administration.

OPINION

MILTON POLLACK, Senior District Judge.

Plaintiffs apply for a preliminary injunction pursuant to Fed.R.Civ. 65(a), enjoining the Food and Drug Administration ("FDA") and its Commissioner from making effective on August 6, 1984 a regulation requiring certain labeling statements on products deriving more than 50% of their calories from protein (21 C.F.R. § 101.17, as published at 49 Fed.Reg. 13679-80 [April 6, 1984], scheduled to take effect August...

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