239 F. Supp. 2d 43 - Whitaker v. Thompson’s Empirical Analysis
2003
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 21 U.S.C. § 301 (Animal Drug Amendments of 1968) · 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 343 (Federal Food, Drug, and Cosmetic Act) · 5 U.S.C. § 706
Relies on Conley v. Gibson · Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Citizens to Preserve Overton Park, Inc. v. Volpe · Immigration & Naturalization Service v. Cardoza-Fonseca · Central Hudson Gas Electric Corporation v. Public Service Commission of New York
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“address concerns that the FDA had brought 'virtually no enforcement actions' against the types of claims it had previously prohibited by clarifying and strengthening ‘the [FDA's] legal authority ... to establish the circumstances under which claims may be made about the nutrients in foods ... ’ ” Whitaker v. Thompson, 239 F.Supp.2d 43, 45 (D.D.C.2003); see 21 C.F.R. §§ 343 et seq. 19 . 21 U.S.C. § 343 (a) provides that a food shall be deemed misbranded if”
1 later decision quote this exact passage · from the majority“Consumption of 320 mg daily of Saw Palmetto extract may improve urine flow, reduce nocturia and reduce voiding urgency associated with mild benign prostatic hyperplasia (BPH).”
1 later decision quote this exact passage · from the majoritye.g. Whitaker v. Thompson“dietary supplement for which a [health claim under § 343(r) ] is made ... is not a drug ... solely because the label or the labeling contains such a statement.”
1 later decision quote this exact passage · from the majoritye.g. Whitaker v. Thompson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.