United States Third Circuit

The de novo standard of the Dietary Supplement Health and Education Act does not apply to a private action brought under the Administrative Procedure Act to challenge administrative rulemaking. Further, a reviewing court's review is limited to a review of the administrative record.

Appellate Information

• Decided 02/07/2006
• Published 02/07/2006

Judges

• Before RENDELL, FUENTES and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Walter F. Timpone [Argued], McElroy, Deutsch, Mulvaney & Carpenter, Morristown, NJ, for Appellant.


• For Appellees:
  
• Douglas N. Letter, Christine N. Kohl [Argued], U.S. Department of Justice, Civil Division, Washington, DC, for Appellees.