Toilet Goods Association
v. Gardner case brief
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387 U.S. 158, 87 S. Ct.
1520, 18 L. Ed. 2d 697 (1967)
CASE SYNOPSIS: In
consolidated cases against respondents, the Secretary of Health,
Education, and Welfare and the Commissioner of Food and Drugs,
petitioner cosmetic manufacturers sought review of the United States
Court of Appeals for the Second Circuit, to determine whether
judicial review of a particular regulation promulgated under the
Color Additive Amendments of 1960, 21 U.S.C.S. §§ 321-376, was
appropriate.
FACTS: Petitioner cosmetic manufacturers sought declaratory and injunctive relief on the ground that certain regulations promulgated by the Commissioner of Food and Drugs exceeded his statutory authority under the Color Additive Amendments of 1960, 21 U.S.C.S. §§ 321-376. The Court affirmed the decision of the lower court and held that judicial review was improper as to one of the particular regulations because the controversy was not ripe for adjudication. The Court held that while the regulation, 21 C.F.R. § 8.28, was a final agency action, it served as notice that the Commissioner may order inspection of certain facilities and data, and that further certification of additives may be refused to those who do not comply. A test for ripeness depended not only on how adequately a court can deal with the legal issue presented, but also on the degree and nature of the regulation's present effect on those seeking relief. Because the primary conduct of petitioners was not affected, they needed to exhaust administrative remedies. Judicial review would have then been available to deal with the question of statutory authority.
CONCLUSION: The Court affirmed the decision of the lower court, and held that judicial review of a particular regulation promulgated under the Color Additive Amendments of 1960 was inappropriate because the controversy was not ripe for adjudication.
FACTS: Petitioner cosmetic manufacturers sought declaratory and injunctive relief on the ground that certain regulations promulgated by the Commissioner of Food and Drugs exceeded his statutory authority under the Color Additive Amendments of 1960, 21 U.S.C.S. §§ 321-376. The Court affirmed the decision of the lower court and held that judicial review was improper as to one of the particular regulations because the controversy was not ripe for adjudication. The Court held that while the regulation, 21 C.F.R. § 8.28, was a final agency action, it served as notice that the Commissioner may order inspection of certain facilities and data, and that further certification of additives may be refused to those who do not comply. A test for ripeness depended not only on how adequately a court can deal with the legal issue presented, but also on the degree and nature of the regulation's present effect on those seeking relief. Because the primary conduct of petitioners was not affected, they needed to exhaust administrative remedies. Judicial review would have then been available to deal with the question of statutory authority.
CONCLUSION: The Court affirmed the decision of the lower court, and held that judicial review of a particular regulation promulgated under the Color Additive Amendments of 1960 was inappropriate because the controversy was not ripe for adjudication.
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