· 4/12/1983
Borden, Inc. v. Commissioner of Public Health
Citations
- 448 N.E.2d 367
- 388 Mass. 707
- 38 A.L.R. 4th 1036
- 1983 Mass. LEXIS 1360
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that public health interest in removing hazardous urea-formaldehyde foam insulation overrides the manufacturers’ interest in integrity of contracts
- upholding regulations promulgated by the Commissioner of Public Health banning the sale of UFFI and requiring its repurchase under certain circumstances
- party challenging the validity of a regulation must prove in a judicial proceeding “that the regulation is illegal, arbitrary, or capricious”
- Superior Court order invalidating Commissioner of Public Health’s regulations banning urea-formaldehyde foamed-in-place insulation (UFFI) reversed
- \[A] properly promulgated regulation has the force of law . . . and must be accorded all the deference due to a statute\
- “Some doubts [about] whether [a particular type of insulation] properly installed in houses will cause the symptoms characteristic of exposure to formaldehyde will not stay the commissioner’s hand”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Nolan, Lynch, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.