Supplement structure/function, health claims provisions "contradictory" -- NHA appeal.
This article was originally published in The Tan Sheet
Executive Summary
SUPPLEMENT STRUCTURE/FUNCTION, HEALTH CLAIMS PROVISIONS "CONTRADICTORY" and illustrate the "constitutionally defective" nature of the regulatory scheme for dietary supplement labeling, according to a Nov. 14 appeals brief filed by the Nutritional Health Alliance and New Nutrisserie in Manhattan federal appeals court. "On the one hand, the [FD&C Act] says one cannot have health claims in labels or labeling without a finding by FDA of `significant scientific agreement,'" the brief states, "but in the same label or labeling one can have a structure/function claim without any finding of `significant scientific agreement.'"
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