21 U.S.C. § 391
Separability clause
If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected thereby.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2001–2025 · leading case: Wimbush Ex Rel. Estate of Buchanan v. Wyeth
Wimbush Ex Rel. Estate of Buchanan v. Wyeth (2010)
“The district court found that Buchanan's pre-approval negligence claims were preempted by the Federal Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. § 391 et seq., which is enforced by the FDA, 21 U.”
Medical Center Pharmacy v. Mukasey (2008)
“21 U.S.C. § 391 . In Koog v. United States, 79 F.”
Medical Center Pharmacy v. Gonzales (2006)
“” See 21 U.S.C. § 391 . The existence of this clause creates a presumption that Congress intended the rest of a *863 provision contained within the Act would remain valid if a portion was declared unconstitutional.”
Longs Ex Rel. Estate of Buchanan v. Wyeth (2008)
“MOTION FOR PARTIAL SUMMARY JUDGMENT BASED ON FEDERAL PREEMPTION Defendants argue that Plaintiffs claims are preempted by the Federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 391 et seqwhich is enforced by the Food and Drug Administration (“FDA”), 21 U.”
Western States Medical Center v. Shalala (2001)
“…remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby. 21 U.S.C. § 391 .”
(HC) Papazian v. B.M. Trate (2025)
“BACKGROUND 8 Petitioner is currently serving a 292-month federal prison sentence for his 2019 conviction 9 out of the United States District Court for the District of Nebraska for conspiracy to distribute 50 10 grams or more of actual methamphetamine in violation of 21 U.S.C. §§…”
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