Executive Summary

BCO as a single-ingredient dietary supplement is a "food" not a "food additive," Boston federal appeals court Judge Joseph Tauro ruled on March 3. Tauro also decided that FDA erred in seizing the product owned by Oakmont Investment, the claimant in the case. Resulting from a 1988 complaint, FDA had argued that the product was a food additive. In his decision, Tauro looked to a recent federal circuit decision in Chicago involving encapsulated BCO from Traco labs ("The Tan Sheet" March 1, p. 7).