Abbott Laboratories v. Gardner

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Abbott Laboratories v. Gardner
Court U.S. Supreme Court
Citation 387 U.S. 136 (1967)
Date decided 1967


Congress enacted a law that forces prescription drug companies to print the established name in type as half as large as that used for any proprietary name on all drugs. The pharmaceutical industry filed a collective action challenging the constitutionality of such law.


Whether the question is appropriate for judicial review at this time although it may violate ripeness.


The issue is appropriate for judicial review.


Where there exists a case in which the impact of the regulations upon the petitioners is sufficiently direct and immediate as to affect the day to day decisions, it may be sufficient to render the issue appropriate for judicial review despite the question of ripeness.