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2d 225
Clyde A. Szuch, Pitney, Hardin & Kipp, Newark, N. J., for appellant.
Cheryl S. Karner, Consumer Affairs, Section, Dept. of Justice,
Washington, D. C., for appellee.
Before HASTIE, VAN DUSEN and ALDISERT, Circuit Judges.
OPINION OF THE COURT
PER CURIAM:
Ciba Corporation has taken this appeal from an order of the District Court for
the District of New Jersey dismissing a complaint in which Ciba sought a
declaratory determination that its drug product, Ritonic Capsules, is exempt
from the requirement of 1962 amendments of the Federal Food, Drug and
Cosmetic Act, 21 U.S.C. Sec. 355, that new drugs be excluded from the market
unless proven effective as claimed for them. The complaint also sought an
injunction against the implementation of an administrative order, entered by the
Commissioner of Food and Drugs after notice and opportunity for an
evidentiary hearing, that withdrew approval of the drug upon the basis of a
finding that the manufacturer's claims as to its effectiveness were unproven. On
appeal, the Court of Appeals for the Second Circuit has affirmed that order.
Ciba-Geigy Corp. v. Richardson, 1971, 446 F.2d 466. That affirmance occurred
after the district court had dismissed the present suit and is subject to review by
the Supreme Court.
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