Abbott Laboratories v. Gardner

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Abbott Laboratories v. Gardner (1967)
the Supreme Court of the United States
Syllabus

Abbott Laboratories v. Gardner, 387 U.S. 136 (1967), was a case heard before the United States Supreme Court. Abbott Laboratories held that drug companies were not prohibited by the ripeness doctrine from challenging a U.S. Food and Drug Administration (FDA) regulation requiring a prescription drug's generic name to appear on all related printed materials. The government argued that the case was not ripe because the regulation had yet to be enforced; however, that argument failed where prosecution was likely and there was substantial hardship to denying a pre-enforcement challenge to the statute.

930802Abbott Laboratories v. Gardner — Syllabusthe Supreme Court of the United States

United States Supreme Court

387 U.S. 136

Abbott Laboratories  v.  Gardner

 Argued: Jan. 16, 1967. --- Decided: May 22, 1967

Gerhard A. Gesell, Washington, D.C., for petitioners.

Nathan Lewin, Washington, D.C., for respondents.

Mr. Justice HARLAN delivered the opinion of the Court.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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