context: Therefore, the Court declines to address any such argument. However, the Court notes that "Courts ... have repeatedly upheld the constitutionality of the misbranding provisions [other than 352(c) ] of the FDCA in the face of vagueness challenges ..."
citation_a.signal: no signal
citation_a.identifier: 638 F.Supp. 556, 564
citation_a.parenthetical: "The [FDCA] on numerous occasions has been upheld against vagueness challenges ... this Court is unaware of any case holding any provision of the Act void for vagueness in any circumstance."
citation_a.sentence: United States v. Caronia, 576 F.Supp.2d 385, 402 n. 13 (E.D.N.Y.2008), vacated and remanded on other grounds, 703 F.3d 149 (2d Cir.2012) (vacating conviction of FDCA misbranding provisions on other grounds); United States v. Gen. Nutrition, Inc., 638 F.Supp. 556, 564 (W.D.N.Y.1986) (“The [FDCA] on numerous occasions has been upheld against vagueness challenges ... this Court is unaware of any case holding any provision of the Act void for vagueness in any circumstance.”); see United States v. Sullivan, 332 U.S. 689, 695, 68 S.Ct. 331, 335, 92 L.Ed. 297 (1948) (finding no ambiguity in the misbranding language of the Act and accordingly upholding the provision requiring adequate directions for use and adequate warning against use); United States v. Article of Drug Labeled "White Quadrisect”, 484 F.2d 748, 751 (7th Cir.1973) (finding that the phrase “current good manufacturing practice,” as used in the FDCA, relating to adulterated drugs and devices, was not unconstitutionally vague); United States v. 2600 State Drugs, Inc., 235 F.2d 913 (7th Cir.1956) (upheld the FDCA against the defendants’ vagueness challenge, specifically holding that the “provisions of th[e] Act are sufficiently definite to support a criminal charge for the violation of the Act.”); United States v. Forester, 346 F.2d 685, 686 (4th Cir.1965) (per cüriam)(citing 2600 State Drugs, Inc. and affirming a judgment denying a motion to dismiss an information based on unconstitutional vagueness of Section 503(b)(1)(B)); Travia, 180 F.Supp.2d at 122-23 (rejecting the defendant’s void for vagueness challenge to the FDCA and holding that “Congress has provided sufficient notice through these provisions; they are not so vague or standardless that the ordinary public is left uncertain as to what is prohibited”); United States v. Reece, No. CRIM. 12-00146(EEF)(PJH), 2013 WL 5234124, at *7-8 (W.D.La.
citation_b.signal: see
citation_b.parenthetical: upheld the FDCA against the defendants' vagueness challenge, specifically holding that the "provisions of th[e] Act are sufficiently definite to support a criminal charge for the violation of the Act."
citation_b.sentence: United States v. Caronia, 576 F.Supp.2d 385, 402 n. 13 (E.D.N.Y.2008), vacated and remanded on other grounds, 703 F.3d 149 (2d Cir.2012) (vacating conviction of FDCA misbranding provisions on other grounds); United States v. Gen. Nutrition, Inc., 638 F.Supp. 556, 564 (W.D.N.Y.1986) (“The [FDCA] on numerous occasions has been upheld against vagueness challenges ... this Court is unaware of any case holding any provision of the Act void for vagueness in any circumstance.”); see United States v. Sullivan, 332 U.S. 689, 695, 68 S.Ct. 331, 335, 92 L.Ed. 297 (1948) (finding no ambiguity in the misbranding language of the Act and accordingly upholding the provision requiring adequate directions for use and adequate warning against use); United States v. Article of Drug Labeled "White Quadrisect”, 484 F.2d 748, 751 (7th Cir.1973) (finding that the phrase “current good manufacturing practice,” as used in the FDCA, relating to adulterated drugs and devices, was not unconstitutionally vague); United States v. 2600 State Drugs, Inc., 235 F.2d 913 (7th Cir.1956) (upheld the FDCA against the defendants’ vagueness challenge, specifically holding that the “provisions of th[e] Act are sufficiently definite to support a criminal charge for the violation of the Act.”); United States v. Forester, 346 F.2d 685, 686 (4th Cir.1965) (per cüriam)(citing 2600 State Drugs, Inc. and affirming a judgment denying a motion to dismiss an information based on unconstitutional vagueness of Section 503(b)(1)(B)); Travia, 180 F.Supp.2d at 122-23 (rejecting the defendant’s void for vagueness challenge to the FDCA and holding that “Congress has provided sufficient notice through these provisions; they are not so vague or standardless that the ordinary public is left uncertain as to what is prohibited”); United States v. Reece, No. CRIM. 12-00146(EEF)(PJH), 2013 WL 5234124, at *7-8 (W.D.La.