Health claims case review by Supreme Court sought by NHA.
This article was originally published in The Tan Sheet
Executive Summary
HEALTH CLAIMS CASE REVIEW BY SUPREME COURT SOUGHT BY NHA in an Aug. 4 petition for writ of certiorari. Nutritional Health Alliance and the dietary supplement marketer New Nutrisserie seek a review of the Manhattan federal appeals court decision that upheld the constitutionality of FDA's requirement that companies must obtain approval for health claims prior to their use in dietary supplement labeling. Filed by the New York City firm Bass & Ullman, the writ maintains the preclearance requirement under the Nutrition Labeling & Education Act violates First Amendment rights of free speech ("The Tan Sheet" Nov. 24, 1997, p. 19).
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