Natural Resources Defense Council v. United States Food and Drug Admin.

The NRDC appealed from the district court's grant of summary judgment to the government. At issue was whether the NRDC had standing under Article III to bring this action to compel the FDA to finalize its regulation of triclosan and triclocarban, two chemicals used in over-the-counter antiseptic antimicrobial soap. The court held that the NRDC presented sufficient evidence of standing to withstand summary judgment as to the regulation of triclosan because standing could be based on exposure to a potentially dangerous product. The NRDC's evidence established that triclosan is potentially dangerous and that at least one of its members was frequently exposed to triclosan-containing soap. The court held, however, that the NRDC presented no evidence of members' direct exposure to triclocarban and failed to establish a particularized injury. View "Natural Resources Defense Council v. United States Food and Drug Admin." on Justia Law