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· 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 CourtListener

Sourced 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.