Human Resource Selection 9th Edition by Marianne Jennings

Exercise 8

Richardson-Vicks, Inc. is the manufacturer and seller of Vicks Pediatric Formula 44 (Pediatric 44), a cough medicine for children. In its ads for Pediatric 44, Vicks claims that the syrup contains active ingredients that enable it to begin working instantly. However, Pediatric 44 is considered to have only inactive ingredients, according to FDA regulations on "active" and "inactive" ingredients. A competitor has alleged that Vicks is "misbranding" its products. Can the FDA take any action? What steps could it take? Will the FDA be required to make an interpretation of the "active" / "inactive" regulation? [ Sandoz Pharmaceuticals v Richardson-Vicks, Inc., 902 F.2d 222 (3d Cir. 1990)]