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DIETARY SUPPLEMENT COALITION, INC. v. SULLIVAN

Civ. No. 91-126-RE.

796 F.Supp. 441 (1991)

DIETARY SUPPLEMENT COALITION, INC., et al., Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, David A. Kessler, M.D., Commissioner of Food and Drugs, and Food and Drug Administration, Defendants.

United States District Court, D. Oregon.

July 11, 1991.

Attorney(s) appearing for the Case

Richard Botteri, Weiss, Jensen, Ellis & Botteri, Portland, Or., I. Scott Bass, Robert A. Sellers, Jr., Bass & Ullman, New York City, for plaintiffs.

Charles H. Turner, U.S. Atty., D. Or., Judith D. Kobbervig, Asst. U.S. Atty., Portland, Or., Darya Geetter, Atty., Office of Consumer Litigation, U.S. Dept. of Justice, Washington, D.C., for defendants.

OPINION

REDDEN, Chief Judge.

BACKGROUND

Plaintiffs filed this action for a declaratory judgment that their products which contain Co-enzyme Q10 (CoQ10) are "foods" and not "food additives," or, are "generally recognized as safe" within the meaning of the Food and Drug Act, 21 U.S.C. § 301 (the Act). Such a determination would exempt plaintiffs' products from premarket review by the Food and Drug Administration (FDA). Defendants filed a motion...

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