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National Nutritional Foods Association v. Kennedy

572 F.2d 377 (1978)

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National Nutritional Foods Association v. Kennedy

United States Court of Appeals for the Second Circuit
572 F.2d 377 (1978)

AR

Facts

The Food and Drug Administration sought to regulate high-potency vitamin and mineral dietary supplements as food additives under the Food, Drug, and Cosmetic Act. The National Nutritional Foods Association (plaintiff) sued, arguing that the vitamins and minerals involved were commonly understood as food, and a product simply containing more of the same food could not be viewed as a food additive.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

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Casebooks

Food and Drug Law

Key Terms