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Toilet Goods Association v. Gardner

United States Supreme Court
387 U.S. 158 (1967)


The Toilet Goods Association (TGA) (plaintiff) sued Secretary of Health, Education, and Welfare John Gardner (defendant), who supervised the Food and Drug Administration (FDA), over the legality of four FDA regulations. The United States District Court for the Southern District of New York determined that the TGA's case was ripe for the court's review. The court of appeals agreed that three of the regulations were ripe for review, but it found that judicial review of the fourth was improper. This fourth regulation authorized the Commissioner of the FDA (Commissioner) to suspend statutorily mandated FDA services to the TGA if the TGA refused to grant the FDA free access to TGA facilities. The United States Supreme Court granted certiorari to hear this case along with the related cases of Abbott Laboratories v. Gardner, 387 U.S. 136 (1967) and Gardner v. Toilet Goods Association, 387 U.S. 167 (1967) (TGA II). In both Abbott and TGA II, the Supreme Court held that the challenges to the FDA regulations were ripe for review.

Rule of Law


Holding and Reasoning (Harlan, J.)

Concurrence (Fortas, J.)

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