SUMMARIZING JUDICIAL REVIEW OF ORDERS UNDER

SECTION 701 (F) OF THE FEDERAL FOOD,

DRUG, AND COSMETIC ACT

1-5

The cases reported herewith were instituted in the United States Circuit

Courts under section 701(f) of the Federal Food, Drug, and Cosmetic Act,

under the provision: "In a case of actual controversy as to the validity of any

order under subsection [701] (e), any person who will become adversely

affected by such order if placed in effect may at any time prior to the ninetieth

day after such order is issued file a petition with the Circuit Court of Appeals

of the United States for the circuit wherein such person resides or has his

principal place of business, for a judicial review of such order. *
**The

court shall have jurisdiction to affirm the order or set it aside in whole or in

part, temporarily or permanently. *** The judgment of the court * * * shall

be final, subject to review by the Supreme Court of the United States upon

certiorari or certification ***"

WATSON B. MILLER, Acting Administrator, Federal Security Agency.

WASHINGTON, D. C., April 14, 1944.

CONTENTS

Page

7

133

J.R.

N.J.

1. Sweetened condensed milk. A. E. Staley Manufacturing Company v.

Secretary of Agriculture and Federal Security Administrator,

120 F. (2d) 258 (C. C. A. 8th).

2. Dried skim milk. Twin City Milk Producers Association and Des

Moines Cooperative Dairy v. Federal Security Administrator, 122

F. (2d) 564 (C. C. A. 8th)

3. Farina and enriched farina. The Quaker Oats Company v. Federal

Security Administrator, 129 F. (2d) 76 (C. C. A. 7th); Federal

Security Administrator v. The Quaker Oats Company, 318 U. S.
218

4. Oleomargarine. Land O'Lakes Creameries, Inc., and Twin City Milk

Producers Association v. Federal Security Administrator, 132 F.

(2d) 653 (C. C. A. 8th)..

5. Canned fruit. United States Cane Sugar Refiners' Association, et al,

v. Federal Security Administrator, 138 F. (2d) 116 (C. C. A. 2d)

(1)