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National Wildlife Fed'n v. Secretary of Health & Human Servs.

Citation: 17 ELR 20312
No. No. 85-3943, 808 F.2d 12/(6th Cir., 12/23/1986)

The court holds that the Food and Drug Administration's (FDA's) decision not to issue an interim action level or tolerance setting acceptable levels of dioxin contamination for human consumption of Great Lakes fish is supported by substantial evidence and accords with the Federal Food, Drug, and Cosmetic Act. The FDA considered the relevant data in its decision not to issue an interim level or tolerance and calculated the risks to the public of contracting cancer from exposure to fish with dioxin residues. Moreover, the agency issued an advisory standard for consumption of dioxin-contaminated Great Lakes sports fish, which it, in its discretion, determined to be sufficient.

Counsel for Petitioner
Mark Van Putten
National Wildlife Federation
802 Monroe St., Ann Arbor MI 48104
(313) 769-3351

Counsel for Respondent
Marcia A. Johnson
Office of Consumer Litigation
Department of Justice, Washington DC 20530
(202) 633-2000

Before: KENNEDY and MILBURN, Circuit Judges; and BROWN, Senior Circuit Judge.