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ESTEE LAUDER, INC. v. U.S. FOOD & DRUG ADMIN.

Civ. A. No. 88-2741.

727 F.Supp. 1 (1989)

ESTEE LAUDER, INC., Plaintiff, v. UNITED STATES FOOD & DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

June 16, 1989.

Attorney(s) appearing for the Case

William R. Pendergast, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for plaintiff.

Heidi A. Garland, Dept. of Justice, Office of Consumer Litigation, Washington, D.C., Mary K. Pendergast, Office of the General Counsel, Dept. of Health & Human Services, Food and Drug Div., Rockville, Md., for defendants.

MEMORANDUM OPINION

AUBREY E. ROBINSON, Jr., Chief Judge:

Plaintiff Estee Lauder Inc. ("Lauder"), a cosmetic manufacturer, filed a complaint on September 23, 1988, seeking a declaration that a Food and Drug Administration ("FDA" or "Administration") employee's position regarding proposed labeling is unlawful, unreasonable, arbitrary, and capricious. In a September 2, 1988, letter, the employee had advised Lauder that its proposed labeling of certain skin...

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