71 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,599 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
  3. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,419 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  4. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
  5. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,895 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
  6. Riegel v. Medtronic, Inc.

    552 U.S. 312 (2008)   Cited 1,034 times   62 Legal Analyses
    Holding that a State’s “‘requirements’” “includ[e] [the state’s] common-law duties”
  7. R.A.V. v. St. Paul

    505 U.S. 377 (1992)   Cited 1,624 times   8 Legal Analyses
    Holding the government may not "license one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensberry rules"
  8. Central Hudson Gas Elec. v. Public Serv. Comm'n

    447 U.S. 557 (1980)   Cited 2,055 times   105 Legal Analyses
    Holding that a restriction on commercial speech must directly advance a substantial governmental interest
  9. Gonzales v. Oregon

    546 U.S. 243 (2006)   Cited 560 times   10 Legal Analyses
    Holding that statute did not delegate authority to Attorney General to make medical judgments
  10. Hurley v. Irish-American Gay, Lesbian Bisexual Group

    515 U.S. 557 (1995)   Cited 697 times   5 Legal Analyses
    Holding that a marcher's message will likely be attributed to the parade organizer's, since "every participating unit" in a parade "affects the [overall] message"
  11. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,169 times   165 Legal Analyses
    Defining “new drug”
  12. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products
  13. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 365 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage
  14. Section 1333 - Labeling

    15 U.S.C. § 1333   Cited 111 times   2 Legal Analyses
    Requiring "Surgeon General's Warning" labels on cigarettes
  15. Section 25249.6 - Required warning before exposure to chemicals known to cause cancer or reproductive toxicity

    Cal. Health & Saf. Code § 25249.6   Cited 86 times   15 Legal Analyses

    Required Warning Before Exposure To Chemicals Known to Cause Cancer Or Reproductive Toxicity. No person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual, except as provided in Section 25249.10. Ca. Health and Saf. Code § 25249.6 Added November 4, 1986, by initiative Proposition 65. Operative January 1, 1987.

  16. Section 113703 - Purpose

    Cal. Health & Saf. Code § 113703   Cited 4 times

    The purpose of this part is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented through adoption of science-based standards. Ca. Health and Saf. Code § 113703 Added by Stats 2006 ch 23 (SB 144),s 2, eff. 1/1/2007, op. 7/1/2007.

  17. Section 15013 - Rechargeable consumer product or rechargeable battery requirements

    Cal. Pub. Resources Code § 15013   Cited 2 times

    (a) On and after January 1, 1995, no person shall sell or offer for sale in this state any rechargeable consumer product unless the product meets all of the following requirements: (1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from, the product. (2) The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (b). (3) The rechargeable battery, battery pack

  18. Section 113705 - Legislative findings and declarations

    Cal. Health & Saf. Code § 113705   Cited 2 times

    The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. Except as provided in Section 113709, it is the intent of the Legislature to occupy the whole field of health and sanitation standards for retail food facilities, and the standards set forth in this part and regulations adopted pursuant to this part

  19. Section 12310 - Articles of incorporation

    Cal. Corp. Code § 12310   Cited 1 times

    The articles of incorporation of a corporation formed under this part shall set forth: (a) The name of the corporation. (b) The following statement: "This corporation is a cooperative corporation organized under the Cooperative Corporation Law. The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the law." [The articles may include a further description of the corporation's purpose.] (c) The name and street address in this state

  20. Section 114093.1 - Serving or sale of confectionary containing alcohol

    Cal. Health & Saf. Code § 114093.1

    (a) Any food facility that serves or sells over the counter directly to the consumer an unlabeled or nonprepackaged food that is a confectionery that contains alcohol in excess of one-half of 1 percent by weight shall provide written notice to the consumer of that fact. (b) The notice shall be prominently displayed or be provided in some other manner, as determined by the department. (c) The department shall adopt regulations to govern the notice required by this section in order to effectuate the

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.
  22. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling
  23. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"
  24. 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
  25. Section 101.10 - Nutrition labeling of restaurant foods whose labels or labeling bear nutrient content claims or health claims

    21 C.F.R. § 101.10   Cited 7 times

    Nutrition labeling in accordance with § 101.9 shall be provided upon request for any restaurant food or meal for which a nutrient content claim (as defined in § 101.13 or in subpart D of this part) or a health claim (as defined in § 101.14 and permitted by a regulation in subpart E of this part) is made, except that information on the nutrient amounts that are the basis for the claim (e.g., "low fat, this meal provides less than 10 grams of fat") may serve as the functional equivalent of complete

  26. Section 101.45 - Guidelines for the voluntary nutrition labeling of raw fruits, vegetables, and fish

    21 C.F.R. § 101.45   Cited 1 times

    (a) Nutrition labeling for raw fruits, vegetables, and fish listed in § 101.44 should be presented to the public in the following manner: (1) Nutrition labeling information should be displayed at the point of purchase by an appropriate means such as by a label affixed to the food or through labeling including shelf labels, signs, posters, brochures, notebooks, or leaflets that are readily available and in close proximity to the foods. The nutrition labeling information may also be supplemented by