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NUTRACEUTICAL CORP. v. VON ESCHENBACH

No. 2:04-CV-00409 PGC.

477 F.Supp.2d 1161 (2007)

NUTRACEUTICAL CORPORATION and Solaray, Inc., Plaintiffs, v. Andrew VON ESCHENBACH, M.D., Commissioner, U.S. Food and Drug Administration, United States Food and Drug Administration, Tommy G. Thompson, Secretary, Department of Health and Human Services, Department of Health and Human Services, and United States of America, Defendants.

United States District Court, D. Utah, Central Division.

March 16, 2007.

Attorney(s) appearing for the Case

Jonathan Walker Emord, Reston, VA, Peggy A. Tomsic, Salt Lake City, UT, for Plaintiffs.

Mark L. Josephs, Washington, DC, John K. Mangum, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

CASSELL, District Judge.

In 2004, the Food and Drug Administration promulgated a rule that banned ephedrinealkaloid dietary supplements ("EDS") at any dosage level from the United States market. Before the effective date of this rule, the plaintiffs, Nutraceutical Corporation and Solaray, Inc. (collectively, "Nutraceutical"), marketed EDS...

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