In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: of the statute, the FDA’s regulations, the FDA’s internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a “device” as that term is defined in 21 U.S.C. § 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is 
 Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for  trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law
[EX A]: (B)

[EX Q]: so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party’s insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins. 
 Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor
[EX A]: (A)

[EX Q]: (quoting Seminole Tribe v. Florida, 517 U.S. 44, 67, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996)). Because we affirmed the denial of qualified immunity in Martinez-Aguero and allowed the case to proceed to trial, the availability of a Bivens remedy was necessary to the decision and is binding Fifth Circuit law. 3 . See, e.g., Escobar v. Gaines, No. 3-11-0994, 2014 WL 4384389, at *4 (M.D.Tenn. Sept. 4, 2014) (“The Court does not have to 'imply' a damages remedy [for undocumented immigrants challenging a raid by immigration officials] — one already exists under Bivens for damages against federal officers who violate a person’s Fourth Amendment rights.”); Morales v. Chadbourne, 996 F.Supp.2d 19, 30-34 (D.R.I.2014) (same); Vazquez-Mentado v. Buitron, 995 F.Supp.2d 93, 97-102 (N.D.N.Y.2014) (<HOLDING>); Diaz-Bernal v. Myers, 758 F.Supp.2d 106, 111, 
 Holding statements: (A) recognizing an implied fourth amendment action for damages (B) holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment (C) recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests (D) recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights (E) recognizing an action for damages against unknown federal agents for the violation of constitutional rights
[EX A]:
(C)