The Tozzi Decision: Another Arrow in Manufacturers’ Quiver in Product Defense Wars

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On November 23, 2001, the United States Court of Appeals for the D.C. Circuit gave parties aggrieved by flawed government characterizations of chemical products reason to cheer. In Tozzi v. Department of Health and Human Services,1 the court rejected the government’s argument that a medical plastic tubing manufacturer lacked Article III standing to sue the U.S. Department of Health and Human Services (DHHS) for the National Toxicology Program’s (NTP) final decision to upgrade dioxin, a contaminant formed during the incineration of hospital waste, from the “reasonably anticipated” to be a human carcinogen category to the “known” category. The court also found that NTP’s decision had legal effect and was
thus judicially reviewable.

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