Brief Fact Summary. The Petitioners, Abbot Laboratories (Petitioners), sought declaratory judgment on the 1962 amendment to the Federal Food, Drug, and Cosmetic Act (the Act) that required prescription drug manufacturers to print the “established name” of the drug on labels and other printed materials that referred to the drug.
Synopsis of Rule of Law. Declaratory judgment is appropriate when the issues are fit for judicial decision, and there is undue hardship to the parties if such consideration were withheld.
Issue. Have appellants brought an action ripe for judicial review?
Held. Yes. Reversed and remanded.
The Supreme Court of the United States (Supreme Court) found the challenge appropriate at the current time, as all parties agreed that the issue was purely legal. The issue was, did the Commissioner properly construe the statute by requiring the establish name to be used every time the trade name is?
The Supreme Court also found undue hardship on the parties involved in postponing a judicial decision. The companies would have to spend a large amount of money changing typefaces and printing new materials, or large penalties if they refuse to make the changes and a court determines the Commissioner was proper his construction of the regulation.
The cases dealing with judicial review of administrative actions have interpreted the finality element in a pragmatic way.View Full Point of Law