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 21 § 355 FoOD ,AND DRUGS i
 time afar receipt of written _otice :from the Secretary specifying
 mater complained of; or (3) that on the basis of new information
 fore him, evaluated together wi_h the evidence before him when
 application was approved, the labeling of such drug, based _ a fair
 evaluation of all material facts, is false or misleading in any l_.rtie_.
 |at and was not corrected within a reasonable time after re_elp_ of
 written notice from the Secretary specifying the mater complained _°
 Any order under this subsection sha|l state the findings upon which it
 is based.
 _pp_va| e_ app|le_a˘l@_
 (f) Whenever the Secretary finds that the facts so require, he
 revoke any previous order under subsection (d)or (e) of this _e˘_.io_
 refusing, withdrawing, cr suspending approval of an application aml
 shall approve such application or .reinstate such approval, _ m_v b_
 (_) Orders of the Secretary issued under this section shall be
 served (I) in person by any officer or employee of _he Departm_t
 designated by the Secretary or (2) by mailing the order by regmterecl
 marl or by certified marl addressed to the applicant or respondent at
 his last-known address in the records of the Secre_ryo
 (h) An appeal may be taken by the applicant from an order of the
 _cre_ary refusing or withdrawing approval of an application under
 _his section° Such appeal shall be taken by filins in the United S_t_
 court of appeals for the circuit wher'e_n such applicant resides or h_
 his _rincii_al place of business, _r in the United States Court of Al_
 p_s for the District of Columbia Ci:rcui_, within sixty days aft.r the
 ..... entry of such order, a written petition praying that the order of the
 S_ret_ry be set aside. A copy of _uch petition shall be forthwith
 transmitted by the clerk of the court _ the Secre_ry, or any officer
 designated by him for that purpose, and thereupon the Secretary shall
 certify and file in the court the record upon which the order com-
 plained of was entered, as provided in section 2112 of Title 28. U_
 the fi|ing of such petition such cour_ shall have exclusive jurisdiction
 ..... to affirm or set aside such order, except that until the filing of
 record _he Secre_ry may modify or _et aside his order. No eb_ect_
 to _he order of the Secre_ry shall be considered by the court um_e_
 such objection _hall have been urged before the Secretary or u_fl_
 there were rea_onsb|e grounds for failure so to doo The finding _f
 the Secretary as _o the facts, if _upl_orted by substantial evid_
 ..... sha|I be eonc|usiveo If any person shall apply to the court for le_ve t_

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