United States v. Nutri-cology, Inc.
United States Court of Appeals for the Ninth Circuit
982 F.2d 394 (1992)
- Written by Alex Ruskell, JD
Facts
The Food and Drug Administration sought a preliminary injunction to stop Nutri-cology, Inc. (defendant) from selling several of its products. The Food and Drug Administration alleged that Nutri-cology’s products were unapproved drugs because Nutri-cology claimed that they prevented and treated numerous diseases and conditions. Nutri-cology responded that its products were harmless nutritional or dietary supplements. The district court denied the preliminary injunction, and the government appealed. In arguing for the injunction, the government had shown that Nutri-cology intended its products to be used to prevent and treat diseases and that there was a colorable showing that these products were new drugs that violated the Food, Drug, and Cosmetics Act. Nutri-cology responded that the Food and Drug Administration was not entitled to the injunction because it had made no showing that the products caused irreparable injury and a petition signed by 60 doctors and nutritionists supported the usefulness of the product.
Rule of Law
Issue
Holding and Reasoning (Pregerson, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
