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Scott v. Food and Drug Administration

728 F.2d 322 (1984)

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Scott v. Food and Drug Administration

United States Court of Appeals for the Sixth Circuit
728 F.2d 322 (1984)

AR

Facts

Scott (plaintiff) sued the Food and Drug Administration (FDA), arguing that the Delaney Clause of the Food, Drug, and Cosmetic Act banned food products that contained any amount of carcinogens. Specifically, Scott challenged FDA approval of D&C Green No. 5, a color additive that contained a minute quantity of a known carcinogen. FDA tests had shown that exposure to the carcinogen through the color additive did not cause cancer in humans, so the FDA approved use of the additive despite the carcinogen’s presence.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Food and Drug Law

Key Terms