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National Women, Infants and Childrens Grocers Assoc. v. Food and Nutrition Service

Date: August 11, 2011

U.S. District Court for the District of Columbia

The Legal Center has filed an amicus brief in a Regulatory Flexibility Act lawsuit that was recently filed against the Food and Nutrition Service (USDA).  This lawsuit arises from a USDA interim final rule that will affect “WIC—only stores”, several of whom are NFIB members and virtually all of whom are independent businesses. Virtually all WIC-only grocers will be promptly forced out of business if the interim final rule published by USDA on Novembers 29, 2005 is implemented.  A judge issued a temporary restraining order to prevent the rule’s implementation.

Status: DECIDED.  NFIB filed amicus brief on 01/17/06. Court ruled in favor of FNS on 02/23/06.

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