SANOFI-AVENTIS U.S. LLC v. FOOD AND DRUG ADMIN.

Civil Action No. 10-01255 (ABJ).

842 F.Supp.2d 195 (2012)

SANOFI-AVENTIS U.S. LLC, Plaintiff, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

February 7, 2012.


Attorney(s) appearing for the Case

Emily Johnson Henn, Covington & Burling LLP, Redwood Shores, CA, Peter Oliver Safir, Scott L. Cunningham, U.S. Commodity Futures Trading Commission, Washington, DC, for Plaintiff.

Andrew E. Clark, U.S. Department of Justice, Washington, DC, for Defendants.


MEMORANDUM OPINION

AMY BERMAN JACKSON, District Judge.

Plaintiff Sanofi-Aventis U.S. LLC ("Sanofi") brought this action against the Food and Drug Administration ("FDA"), its Commissioner of Food and Drugs, Margaret A. Hamburg, and the Secretary of Health and Human Services, Kathleen Sebelius, alleging that FDA exceeded its statutory authority under the Federal Food, Drug, and Cosmetic Act ("FDCA") and unlawfully departed from agency precedent when...

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