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WHITAKER v. THOMPSON

No. CIV.A.99-3247 GK.

239 F.Supp.2d 43 (2003)

Julian M. WHITAKER, M.D., et al., Plaintiffs, v. Tommy G. THOMPSON, Secretary, Department of Health and Human Services, et al., Defendants,

United States District Court, District of Columbia.

January 3, 2003.

Attorney(s) appearing for the Case

Jonathan Walker Emord, Emord & Associates, P.C, Burke, VA, for plaintiffs.

Meredith Manning, U.S. Attorney's Office, Washington, DC, Susan Leslie Strawn, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Drake Stephen Cutini, U.S. Department of Justice, Washington, DC, for Donna E. Shalala, U.S. Dept. of Health and Human Services, Jane E. Henney, Food & Drug Admin., U.S., defendants.

Michael C. Johnson, U.S. Attorney's Office, Washington, DC, Drake Stephen Cutini, U.S. Dept. of Justice, Washington, DC, for Tommy G. Thompson, defendant.

MEMORANDUM OPINION

KESSLER, District Judge.

Plaintiffs are individuals and companies with a direct financial interest in dietary supplements containing saw palmetto extract as well as a non-profit therapeutic health organization composed of physician members who sell dietary supplements containing saw palmetto extract.1 They bring this action against the Food and Drug Administration ("FDA"), Jane E. Henney, Commissioner...

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