abbott
laboratories
gardner
argued
january
decided
may
commissioner
food
drugs
exercising
authority
delegated
secretary
health
education
welfare
issued
regulations
requiring
labels
advertisements
prescription
drugs
bear
proprietary
names
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ingredients
carry
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name
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secretary
every
time
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trade
name
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regulations
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amendment
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food
drug
cosmetic
act
petitioners
drug
manufacturers
manufacturers
association
challenged
regulations
ground
commissioner
exceeded
authority
statute
district
granted
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injunctive
relief
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finding
scope
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broad
regulations
appeals
reversed
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reaching
merits
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regulations
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actual
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controversy
existed
held
review
regulations
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food
drug
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act
pp
courts
restrict
access
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review
upon
showing
clear
convincing
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intent
rusk
cort
pp
statutory
scheme
food
drug
area
exclude
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review
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review
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casselberry
concern
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similar
cases
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pp
impact
regulations
upon
petitioners
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direct
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render
issue
appropriate
judicial
review
stage
pp
challenge
nearly
prescription
drug
manufacturers
calculated
delay
impede
effective
enforcement
federal
food
drug
cosmetic
act
pp
gerhard
gesell
argued
cause
filed
briefs
petitioners
nathan
lewin
argued
cause
respondents
brief
solicitor
general
marshall
assistant
attorney
general
vinson
beatrice
rosenberg
jerome
feit
william
goodrich
justice
harlan
delivered
opinion
congress
amended
federal
food
drug
cosmetic
act
stat
amended
drug
amendments
stat
et
seq
require
manufacturers
prescription
drugs
print
established
name
drug
prominently
type
least
half
large
used
thereon
proprietary
name
designation
drug
labels
printed
material
established
name
one
designated
secretary
health
education
welfare
pursuant
act
proprietary
name
usually
trade
name
particular
drug
marketed
underlying
purpose
amendment
bring
attention
doctors
patients
fact
many
drugs
sold
familiar
trade
names
actually
identical
drugs
sold
established
less
familiar
trade
names
significantly
lower
prices
commissioner
food
drugs
exercising
authority
delegated
secretary
fed
reg
fed
reg
published
proposed
regulations
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statute
fed
reg
inviting
considering
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interested
parties
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promulgated
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present
action
brought
group
individual
drug
manufacturers
pharmaceutical
manufacturers
association
petitioner
companies
members
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manufacturers
nation
supply
prescription
drugs
challenged
regulations
ground
commissioner
exceeded
authority
statute
promulgating
order
requiring
labels
advertisements
printed
matter
relating
prescription
drugs
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name
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drug
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every
time
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merits
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scheme
provided
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cosmetic
act
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unauthorized
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appeals
held
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case
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reason
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judgment
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toilet
goods
assn
gardner
also
review
today
post
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history
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remedy
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time
food
drug
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floor
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order
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level
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food
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found
probable
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adulterated
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first
parties
agree
issue
tendered
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require
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name
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interested
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ground
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general
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business
prescription
drug
companies
promulgation
puts
petitioners
dilemma
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judgment
act
ameliorate
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found
basis
uncontested
allegations
either
must
comply
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time
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incur
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agency
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compliance
terms
expected
petitioners
wish
comply
must
change
labels
advertisements
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materials
must
destroy
stocks
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matter
must
invest
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printing
type
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supplies
alternative
compliance
continued
use
material
believe
good
faith
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statutory
requirements
clearly
meet
regulation
commissioner
may
even
costly
course
risk
serious
criminal
civil
penalties
unlawful
distribution
misbranded
drugs
relevant
juncture
recognize
petitioners
deal
sensitive
industry
public
confidence
drug
products
especially
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require
challenge
regulations
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action
brought
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harm
severely
unnecessarily
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fit
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change
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nearly
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drug
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speed
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suit
pending
yale
least
one
suit
declaratory
judgment
relief
denied
suggestion
plaintiff
intervene
pending
action
elsewhere
automotive
trico
prods
supp
see
allstate
ins
thompson
supp
declaratory
judgment
injunctive
remedies
equitable
nature
equitable
defenses
may
interposed
multiplicity
suits
undertaken
order
harass
government
delay
enforcement
relief
denied
ground
alone
truly
wanzer
cf
brillhart
excess
ins
defense
laches
asserted
government
prejudiced
delay
southern
pac
bogert
pomeroy
equity
jurisprudence
ed
symons
courts
may
even
refuse
declaratory
relief
nonjoinder
interested
parties
technically
speaking
indispensable
cf
samuel
goldwyn
artists
moore
federal
practice
ed
addition
safeguards
government
fears
important
note
institution
type
action
stay
effectiveness
challenged
regulation
nothing
record
indicate
petitioners
sought
stay
enforcement
every
time
regulation
pending
judicial
review
see
agency
believes
suit
type
significantly
impede
enforcement
harm
public
interest
need
postpone
enforcement
regulation
may
oppose
motion
judicial
stay
part
challenging
regulation
ibid
scarcely
doubted
refuse
postpone
effective
date
agency
action
government
show
made
effort
delay
detrimental
public
health
safety
see
associated
securities
sec
stay
denied
petitioners
sustained
burden
establishing
requested
stays
harmful
public
interest
see
eastern
air
lines
cab
cf
radio
fcc
lastly
although
government
presses
us
reach
merits
challenge
regulation
event
find
district
properly
entertained
action
believe
better
practice
remand
case
appeals
third
circuit
review
district
decision
regulation
beyond
power
commissioner
reversed
remanded
dissenting
opinions
justice
fortas
justice
clark
see
post
pp
respectively
footnotes
see
preclude
judicial
review
bill
statute
specific
withholding
review
must
upon
face
give
clear
convincing
evidence
intent
withhold
mere
failure
provide
specially
statute
judicial
review
certainly
evidence
intent
withhold
review
see
also
embodied
discussed
hereafter
section
provides
procedure
issuance
regulations
certain
specifically
enumerated
statutory
sections
section
establishes
procedure
direct
review
appeals
regulation
promulgated
administrative
procedure
act
enacted
stat
declaratory
judgment
act
enacted
stat
see
discussion
judicial
review
equity
power
house
representatives
debate
provisions
cong
rec
see
cong
rec
remarks
representative
leavy
statement
professor
david
cavers
subcommittee
senate
committee
commerce
sess
reprinted
dunn
federal
food
drug
cosmetic
act
statement
legislative
record
see
cong
rec
see
discussion
conference
report
cong
rec
see
cong
rec
see
toilet
goods
assn
gardner
noted
agency
determinations
specifically
reviewable
relate
technical
subjects
chemical
properties
particular
products
formulation
application
safety
standards
protecting
public
health
congress
naturally
wish
courts
consider
matters
without
benefit
agency
views
evidentiary
hearing
conf
cong
rec
senate
agreement
conference
report
see
notes
advisory
committee
federal
rule
civil
procedure
reprinted
declaration
may
rendered
special
statutory
proceeding
provided
adjudication
special
type
case
see
also
moore
federal
practice
ed
government
apparently
views
clause
applying
regulations
falling
within
procedure
promulgated
without
affording
required
public
notice
opportunity
file
objections
request
public
hearing
case
alone
government
asserts
equity
proceeding
declaratory
judgment
action
might
entertained
ground
statutory
procedures
followed
brief
see
davis
administrative
law
treatise
jaffe
judicial
control
administrative
action
every
time
issue
framed
parties
terms
statutory
compulsion
think
essentially
legal
character
different
framed
terms
statutory
authorization
requirement
compare
similar
procedures
followed
frozen
food
express
supra
storer
supra
procedure
conformed
prescribed
administrative
procedure
act
see
borchard
challenging
penal
statutes
declaratory
action
yale
section
declares
drug
complying
labeling
requirement
misbranded
section
designates
prohibited
acts
misbranding
drugs
interstate
commerce
prohibited
acts
subject
injunction
criminal
penalties
seizure
totally
separate
issue
raised
petition
certiorari
argued
parties
briefs
concerns
dismissal
complaint
certain
plaintiffs
ground
venue
improper
petitioners
asserted
venue
proper
delaware
incorporated
also
allowing
action
government
official
judicial
district
plaintiff
resides
contended
must
read
incorporate
definition
residence
set
corporation
may
sued
judicial
district
incorporated
licensed
business
business
judicial
district
shall
regarded
residence
corporation
venue
purposes
issue
construction
whether
read
defining
corporate
venue
corporation
defendant
whether
either
adopted
corporate
residence
cases
corporation
plaintiff
least
definition
resides
used
question
difficult
one
effects
think
appropriate
dismiss
writ
certiorari
question
following
two
reasons
first
appeals
affirming
district
issue
explicitly
endorse
lower
ruling
held
find
prejudicial
error
dismissal
complaint
plaintiffs
review
issue
importance
best
left
case
fully
dealt
appeals
second
one
plaintiffs
whose
complaint
dismissed
pharmaceutical
manufacturers
association
corporate
petitioners
members
think
considered
adequately
protected
suit
participation
well
participation
remaining
drug
companies
whose
interests
identical
petitioners
whose
complaints
dismissed
cf
mishkin
new
york
moreover
course
litigation
open
dismissed
plaintiffs
seek
amicus
curiae
status