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Health Research Group v. Kennedy

Citation: 9 ELR 20183
No. No. 77-0734, 82 F.R.D. 21/(D.D.C., 03/13/1979)

A nonprofit organization challenging a federal agency's system for regulating nonprescription drugs is found by the court to lack standing to sue. Where an associational plaintiff acts not to vindicate its own interest but in a representational capacity, those whose injury is sought to be redressed must be members of or have a special relationship with their legal representative. Mere commonality of interests is insufficient. Those persons which plaintiff organizations represent in this case are not members of the organizations, do not exercise control over their actions through elections, and notwithstanding the exchange of funds and correspondence between the two, have no other substantial indicia of membership. Furthermore, the financial support which the principal plaintiff receives comes not from direct contributors but through an umbrella organization of which it is a subsidiary. While it concludes that the plaintiff organizations thus lack standing to sue, the court also grants plaintiffs' motion to amend the complaint to name three additional individuals who have allegedly sustained injury from the actions of defendant and would therefore satisfy the standing requirements.

Counsel for Plaintiffs
William B. Schultz
2000 P. St. NW, Washington DC 20036
(202) 785-3704

Counsel for Defendant
Patricia J. Kenney
Antitrust Division
Department of Justice, Washington DC 20530
(202) 724-6691

Counsel for Intervenor-Defendant The Proprietary Ass'n, Inc.
John F. Kovin, Robert A. Altman
Clifford, Glass, McIlwain & Finney
815 Connecticut Ave. NW, Washington DC 20006
(202) 298-8686