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Nature's Bounty Ener-B deemed a drug based on nasal delivery; appeals court affirms ruling.

This article was originally published in The Tan Sheet

Executive Summary

NATURE'S BOUNTY ENER-B VITAMIN B-12 SUPPLEMENT DEEMED A DRUG because of its "method of intake" in a Dec. 19 ruling by the U.S. Court of Appeals for the Second Circuit. The ruling upholds an April 14 decision from the United States District Court for the Eastern District of New York permanently enjoining Nature's Bounty from marketing Ener-B "or any other nasally-administered nutrient" without an approved new drug application.
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