Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 1

Federal Question Nutrilab, Inc., manufactures and markets a product known as Starch Blockers. The purpose of the product is to block the human body’s digestion of starch as an aid in controlling weight. The U.S. FDA classified Starch Blockers as a drug and requested that it be removed from the market until the FDA approved its use. The FDA claimed that it had the right to classify new products as drugs and prevent their distribution until their safety is determined. Nutrilab disputed the FDA’s decision and wanted to bring suit to halt the FDA’s actions. Do the federal courts have jurisdiction to hear this case? Nutrilab, Inc. v. Schweiker,713 F.2d 335, Web 1983 U.S. App. Lexis 25121 (United States Court of Appeals for the Seventh Circuit)