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In Brief: FDA health claims

This article was originally published in The Tan Sheet

Executive Summary

FDA health claims: Agency affirms 270-day timeframe for dietary supplement and food health claim decisions in a final rule published in the May 22 Federal Register. The agency proposed the 270-day period in a March 17 Federal Register notice after losing a federal court ruling to the Nutritional Health Alliance, which challenged the constitutionality of the Nutrition Labeling & Education Act ("The Tan Sheet" March 17, p. 13). FDA received four comments requesting shorter timetables; however, "none of these comments have demonstrated that a 270-day period is substantially excessive," the agency states. Among those commenting was NHA, which called the nine-month limit "excessive" and "unconstitutional" ("The Tan Sheet" April 21, p. 14). The final rule, which also permits FDA to grant itself two 90-day extensions rather than three, goes into effect June 23...

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