MINERAL RES. INTERN. v. U.S. DEPT. H.H.S.

Nos. 94-9523, 94-9524 and 94-9525.

53 F.3d 305 (1995)

MINERAL RESOURCES INTERNATIONAL, a Business Trust; Trace Mineral Research, a Business Trust, Petitioners, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; Donna, E. Shalala, Secretary, United States Department of Health and Human Services; United States Food and Drug Administration; David A. Kessler, Commissioner of Food and Drugs, Food and Drug Administration; United States of America, Respondents. Center For Science in the Public Interest, Public Citizen Litigation Group, American Heart Association, American Cancer Society and the Consumer Federation of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 19, 1995.


Attorney(s) appearing for the Case

Jonathan W. Emord of Emord & Associates, P.C., Washington, DC, for petitioners.

Susan Strawn (Gerald C. Kell with her on the brief), Office of Consumer Litigation, Civ. Div. (Frank W. Hunger, Asst. Atty. Gen., Douglas Letter, Appellate Staff, on the brief), Washington, DC, (Margaret Jane Porter, Chief Counsel, Philip S. Derfler, Associate Chief Counsel, Food and Drug Admin., Rockville, MD, of counsel), for respondents.

Bruce Silverglade, John M. Gleason of Center for Science in the Public Interest, Brian Wolfman, Allison M. Zieve of Public Citizen Litigation group, Washington, DC, filed an amici curiae brief for the Center for Science in the Public Interest, Public Citizen, Inc., American Heart Ass'n, American Cancer Soc., and the Consumer Federation of America.

Before: BALDOCK, EBEL and ALARCÓN, Circuit Judges.


ALARCÓN, Circuit Judge.

Mineral Resources International and Trace Mineral Research (hereinafter "Minerals") seek review of regulations promulgated by the Federal Drug Administration ("FDA") under sections 343(q) and 343(r) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 (Supp. V 1993). Minerals maintain that we have jurisdiction pursuant to 21 U.S.C. § 371(f) (1988 & Supp. V 1993). Minerals contend that the regulations violate their...

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