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HETEROCHEMICAL CORP. v. FOOD AND DRUG ADMIN.

No. 86 Civ. 0864.

644 F.Supp. 271 (1986)

HETEROCHEMICAL CORPORATION, et al., Plaintiffs, v. FOOD AND DRUG ADMINISTRATION, Frank E. Young, Commissioner of Food and Drugs, Otis R. Bowen, Secretary of Health and Human Services, Defendants.

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

September 23, 1986.

Attorney(s) appearing for the Case

Joel E. Hoffman, Sutherland, Asbill & Brennan, Washington, D.C., Stephen M. Hudspeth, Lord, Day & Lord, New York City, for plaintiffs.

Gerald C. Kell, Office of Consumer Litigation, Civ. Div., U.S. Dept. of Justice, Washington, D.C., David Nocenti, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., for defendants.

GLASSER, District Judge:

Plaintiffs Heterochemical Corporation and William Galler ("Heterochemical") have brought this action against the Food and Drug Administration ("FDA") seeking to require the FDA to enforce the Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq. ("FDCA" or "the Act") with respect to certain products which it contends are being unlawfully marketed by its competitors. The action is now before the Court on the FDA's motion to dismiss...

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