Black currant oil case
This article was originally published in The Tan Sheet
Executive Summary
Illinois federal appeals court denies on March 31 FDA's Feb. 26 petition to rehear the Traco BCO case. The agency had filed the petition following a Jan. 27 decision by the federal circuit court in favor of Traco. That ruling affirmed a federal district court decision that single ingredient BCO in a capsule is a "food" and not a "food additive" ("The Tan Sheet" March 1, p. 7). FDA's remaining legal option is to appeal the decision to the Supreme Court.