· 11/5/1992
Dietary Supplemental Coalition, Inc. The Health Haus, Inc. v. Louis W. Sullivan, M.D. David A. Kessler, Commissioner of Food and Drug Administration
Citations
- 978 F.2d 560
- 978 F.3d 560
- 92 Cal. Daily Op. Serv. 9050
- 92 Daily Journal DAR 14982
- 1992 U.S. App. LEXIS 28745
- 1992 WL 316480
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party may challenge an agency’s classification of a dietary supplement only where there has been a final agency determination on the issue
- stating that courts should not deprive agency of opportunity to apply its expertise and to correct errors or modify positions in course of proceeding
- stating that courts should not deprive agency of opportunity to apply its expertise and to correct errors or modify positions in course of proceeding
- finding risk of additional product seizures to be too speculative to warrant judicial intervention absent final agency action
- finding risk of additional product seizures to be too speculative to warrant judicial intervention absent final agency action
- ‘“[T]he type of informal letter issued by the FDA ... does not constitute ... formal or final agency action____’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beezer, Noonan, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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