Nutritional Foods Association v. FDA

491 F.2d 1141 (2nd Cir. 1974)

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Nature of the Case

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Facts

After a 12-year investigation and cycle for issues concerning food labeling with literally almost 60,000 pages and documents, the commissioner of the FDA who had overseen the entire proceeding resigned. Four months later a new Commissioner was appointed, and within 12 days, he signed 14 final regulations, 13 proposed regulations, and 6 miscellaneous notices. On the 13th day, he signed the rules in question. Ps petitioned for review contending it was impossible for the Commissioner to have reviewed the objections prior to promulgating the rules.