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Administrative Law Keyed to Lawson
Toilet Goods Association v. Gardner
Facts
The Petitioners, an organization of cosmetics manufacturers and 39 individual cosmetics manufacturers and distributors, brought this action in the United States District Court for the Southern District of New York seeking declaratory relief and an injunction against the Commissioner and the Secretary of Health, Education and Welfare (Secretary). The challenged regulation permitted the Commissioner to temporarily suspend certification service if it appeared that anyone involved in the manufacture of color additives refused to grant entry to an FDA employee. The District Court held that the Act did not prohibit pre-enforcement review, that a case and controversy existed, that the issues were justiciable, and no reasons were presented by the Government to warrant declining jurisdiction on discretionary grounds. The Court of Appeals affirmed as to three of the challenges to the regulations, but sustained the Government’s contention that review was improper as to the fourth.
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