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In Brief: NHA appeals health claims decision

This article was originally published in The Tan Sheet

Executive Summary

NHA appeals health claims decision: Nutritional Health Alliance files notice of appeal Oct. 7 in the Second Circuit Court in litigation versus FDA regarding the agency's health claims requirements. In March, FDA proposed a nine-month deadline for either claims authorization or denial in response to a Jan. 31 ruling by Manhattan federal court. NHA argues the health claims prior approval provisions of the Nutrition Labeling & Education Act and the Dietary Supplement Health & Education Act are an "unconstitutional restraint on free speech," the time limits for agency action on health claims are "excessive" and the judge exceeded his authority by attempting to remedy an unconstitutional statute ("The Tan Sheet" Feb. 6, p. 6). NHA is represented by the New York City firm Bass & Ullman...
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