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HENLEY v. FOOD & DRUG ADMIN.

No. CV 93-5389.

873 F.Supp. 776 (1995)

Elizabeth L. HENLEY, Plaintiff, v. The FOOD & DRUG ADMINISTRATION (DEPARTMENT OF HEALTH & HUMAN SERVICES), the Commissioner of Food and Drugs, Dr. David Kessler (or His Successor), and the United States, Defendants.

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

January 17, 1995.

Attorney(s) appearing for the Case

Elizabeth L. Henley, plaintiff pro se.

Janet Reno, Atty. Gen. of the U.S., Dept. of Justice, Washington, DC by Frank W. Hunger, Asst. Atty. Gen., Civ. Div., Douglas Ross, Trial Atty., Office of Consumer Litigation, Margaret Jane Porter, Chief Counsel U.S. Food & Drug Admin., Karen E. Schifter, Ass't Chief Counsel U.S. Food & Drug Admin., and Zachary W. Carter, U.S. Atty., E.D.N.Y., Brooklyn, NY by Sarah J. Lum, Asst. U.S. Atty., for the Government.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This is an action for review of a decision made by the United States Food and Drug Administration (the "FDA") and its Commissioner. Judicial review of the FDA's decision is authorized by the Administrative Procedure Act (the "APA"), 5 U.S.C. §§ 701-706. The plaintiff pro se, Elizabeth L. Henley, filed the Complaint on or about November 26, 1993. On September 27, 1994, following...

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