McIlwain v. Hayes’s Empirical Analysis
690 F.2d 1041 · 1982
Citation profile
6 federal appellate · 2 district ·
Relationships
Applies 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 376 (Federal Food, Drug, and Cosmetic Act) · 28 U.S.C. § 294 · 5 U.S.C. § 706
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · United States v. Turkette · Flemming v. Florida Citrus Exchange · Certified Color Manufacturers Ass'n v. Mathews · 475 F. Supp. 838 - Cutler v. Kennedy
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““for such period or periods as he finds necessary to carry out the purpose of this section, if in the Secretary’s judgment such action is consistent with the objective of carrying to completion in good faith, as soon as reasonably practicable, the scientific investigations necessary for making a determination as to listing such additive____””
2 later decisions quote this exact passage · from the majority“to make possible, on an interim basis for a reasonable period, through provisional listings, the use of commercially established color additives to the extent consistent with the public health, pending' the completion of the scientific investigations needed as a basis for making determinations as to [permanent] listing of such additives____”
1 later decision quote this exact passage · from the majority“Such postponements must be consistent with the public health, and the Commissioner must judge that the scientific investigations are going forward in good faith and will be completed as soon as reasonably practicable.”
1 later decision quote this exact passage · from the majority
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.