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NATIONAL NUTRITIONAL FOODS ASS'N v. YOUNG

No. 84 Civ. 5108 (MP).

598 F.Supp. 1107 (1984)

The NATIONAL NUTRITIONAL FOODS ASSOCIATION and Solgar Co., Inc., Plaintiffs, v. Frank E. YOUNG, M.D., Commissioner of Food and Drugs, and Food and Drug Administration, Defendants.

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

December 14, 1984.

Attorney(s) appearing for the Case

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

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Amy Rothstein, Asst. U.S. Atty., New York City, for defendants.

MILTON POLLACK, Senior District Judge.

This is a suit for an injunction and declaratory judgment which seeks to invalidate regulations of the Food and Drug Administration ("FDA") promulgated on April 6, 1984 and applicable to high-concentrate food products deriving more than 50% of their caloric value from protein. Plaintiffs challenge the warning labels required on such food products as arbitrary and capricious, and as unsupported by the administrative record of...

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