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Mayo v. Burroughs-Wellcome Co., 84-TSC-1 (ALJ Jan. 10, 1984)


U.S. DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Suite 700-1111 20th Street, N.W.
Washington, D.C. 20036

DATE ISSUED: JAN 10 1984
Case No: 84-TSC-1

IN THE MATTER OF

ARTHUR GRAY MAYO,
    Complainant

    v.

BURROUGHS-WELLCOME COMPANY,
    Respondent

SUMMARY JUDGMENT DISMISSING COMPLAINT

   On December 13, 1983, I issued an Order to Show Cause why respondent's motion for summary judgment should not be granted (attached). Complainant has failed to respond to that order.

   Since this case clearly concerns "drugs" as that word is defined in 21 U.S.C. SS 321(g)(1), and since "drugs" are excluded from the provisions of the Toxic Substances Control Act (see 15 U.S.C. § 2602(2)(B)(vi) this complaint does not fall under the Act's jurisdiction. Therefore,

    IT IS ORDERED that the complaint is dismissed.

       JEFFREY TURECK
       Administrative Law Judge

WASHINGTON, D.C.

JT/ebf



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