National Nutritional Foods Association v. Califano
United States Court of Appeals for the Second Circuit
603 F.2d 327 (1979)
Facts
The Food and Drug Administration (FDA) was concerned about liquid protein drinks used in fad diets. During an obesity conference, the FDA called together an ad hoc committee of five physicians to work on a press release regarding the dangers of liquid protein drinks. The press release stated that the drinks had caused several deaths, and the subsequent press coverage brought down the sales of protein drinks. The FDA then promulgated a warning that had to be placed on protein drinks that was based on its conversation with the five doctors. National Nutritional Foods Ass’n sued for an injunction, arguing that the meeting with the doctors did not meet the requirements for advisory-committee meetings under the Federal Advisory Committee Act (FACA). FACA required that the meeting be open to the public and give interested persons a right to be heard. The court ruled in the FDA’s favor, and National appealed.
Rule of Law
Issue
Holding and Reasoning (Friendly, J.)
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