United States DC Circuit

In a case which had been previously remanded due to the FDA's failure to adequately explain why it granted a company's "new animal drug application" for bacitracin zinc, the circuit court finds that, although the explanation the FDA offered on remand adequately addressed the questions raised earlier, the FDA's explanation raised new problems and apparent contradictions that requires another remand.

Appellate Information

• Argued 02/10/2006
• Decided 08/11/2006
• Published 08/11/2006

Judges

• Before:  GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Douglas J. Behr argued the cause for appellant.   With him on the briefs was John B. Dubeck.


• For Appellees:
  
• Suzette A. Smikle, Attorney, U.S. Department of Justice, argued the cause for appellees.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Eugene M. Thirolf, Director, and Drake Cutini, Attorney.