78 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,769 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
  2. List v. Driehaus

    573 U.S. 149 (2014)   Cited 1,953 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge
  3. Munaf v. Geren

    553 U.S. 674 (2008)   Cited 1,644 times   5 Legal Analyses
    Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court
  4. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,863 times   8 Legal Analyses
    Holding that music is protected expression
  5. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,178 times   4 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"
  6. Central Hudson Gas Elec. v. Public Serv. Comm'n

    447 U.S. 557 (1980)   Cited 2,052 times   105 Legal Analyses
    Holding that a restriction on commercial speech must directly advance a substantial governmental interest
  7. Maynard v. Cartwright

    486 U.S. 356 (1988)   Cited 1,136 times   15 Legal Analyses
    Holding that Oklahoma's "especially heinous, atrocious, or cruel" aggravating circumstance was unconstitutionally vague
  8. Sorrell v. IMS Health Inc.

    564 U.S. 552 (2011)   Cited 506 times   66 Legal Analyses
    Holding that a restriction on "speech result[ing] from an economic motive" is not "a mere commercial regulation"
  9. Board of Trustees, State Univ. of N.Y. v. Fox

    492 U.S. 469 (1989)   Cited 952 times   2 Legal Analyses
    Holding that the "least restrictive means" test does not apply to commercial speech cases
  10. Virginia v. American Booksellers Assn

    484 U.S. 383 (1988)   Cited 790 times   1 Legal Analyses
    Holding that plaintiffs pleaded Article III injury where they alleged "actual and well-founded fear that the law will be enforced against them," explaining that "alleged danger of this statute is . . . one of self-censorship; a harm that can be realized even without an actual prosecution"
  11. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,731 times   626 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  12. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,427 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  13. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,243 times   337 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  14. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,511 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods
  15. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,166 times   161 Legal Analyses
    Defining “new drug”
  16. Section 352 - Misbranded drugs and devices

    21 U.S.C. § 352   Cited 739 times   73 Legal Analyses
    Setting labeling requirements for drug products
  17. Section 353 - Exemptions and consideration for certain drugs, devices, and biological products

    21 U.S.C. § 353   Cited 298 times   20 Legal Analyses
    Requiring a prescription drug label to bear the symbol "Rx only"
  18. Section 371 - Regulations and hearings

    21 U.S.C. § 371   Cited 260 times   8 Legal Analyses
    Granting the FDA general authority to promulgate regulations for administration of the Food, Drug, and Cosmetic Act
  19. Section 201.57 - Specific requirements on content and format of labeling for human prescription drug and biological products described in Section 201.56(b)(1)

    21 C.F.R. § 201.57   Cited 252 times   27 Legal Analyses
    Listing requirements for different subsections for indications, dosage, and clinical studies
  20. Section 314.50 - Content and format of an NDA

    21 C.F.R. § 314.50   Cited 148 times   16 Legal Analyses
    Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications
  21. Section 201.80 - Specific requirements on content and format of labeling for human prescription drug and biological products; older drugs not described in Section 201.56(b)(1)

    21 C.F.R. § 201.80   Cited 85 times   5 Legal Analyses
    Requiring a manufacturer to revise its label “to include a warning as soon as there is reasonable evidence of an association of a serious hazard with a drug”
  22. Section 201.56 - Requirements on content and format of labeling for human prescription drug and biological products

    21 C.F.R. § 201.56   Cited 85 times   8 Legal Analyses
    Disallowing claims or suggestions of drug use on labeling if there is a lack of substantial evidence
  23. Section 201.100 - Prescription drugs for human use

    21 C.F.R. § 201.100   Cited 47 times   9 Legal Analyses
    Exempting certain approved and new drugs from the FDCA's labeling requirements for adequate directions for use
  24. Section 201.128 - Meaning of "intended uses"

    21 C.F.R. § 201.128   Cited 46 times   36 Legal Analyses

    The words intended uses or words of similar import in §§ 201.5 , 201.115 , 201.117 , 201.119 , 201.120 , 201.122 , and 1100.5 of this chapter refer to the objective intent of the persons legally responsible for the labeling of an article (or their representatives). The intent may be shown by such persons' expressions, the design or composition of the article, or by the circumstances surrounding the distribution of the article. This objective intent may, for example, be shown by labeling claims, advertising

  25. Section 201.5 - Drugs; adequate directions for use

    21 C.F.R. § 201.5   Cited 44 times   13 Legal Analyses
    Defining "adequate directions for use" as "directions under which the layman can use a device safely and for the purposes for which it is intended"
  26. Section 202.1 - [Effective until 5/20/2024] Prescription-drug advertisements

    21 C.F.R. § 202.1   Cited 42 times   29 Legal Analyses
    Defining labeling to include virtually any type of audio, visual or printed matter descriptive of a drug and supplied by a manufacturer
  27. Section 314.126 - Adequate and well-controlled studies

    21 C.F.R. § 314.126   Cited 32 times   1 Legal Analyses
    Stating that among the characteristics of "[a]n adequate and well-controlled study" is that "[a]dequate measures are taken to minimize bias on the part of the subjects, observers, and analysts of the data. The protocol and report of the study should describe the procedures used to accomplish this, such as blinding"
  28. Section 10.115 - Good guidance practices

    21 C.F.R. § 10.115   Cited 18 times   15 Legal Analyses
    Setting forth “good guidance practices” for FDA to follow in developing, issuing and using guidance documents, which include notice-and-comment procedures for guidance documents which “[s]et forth changes in interpretation or policy that are of more than a minor nature”