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Court rules for Emord in health claims case

This article was originally published in The Tan Sheet

Executive Summary

A federal court rules FDA must adhere to the First Amendment standard established in Pearson v. Shalala and allow certain qualified anti-carcinogenic claims for selenium, as sought by attorney Jonathan Emord. Clifton, Va.-based Emord & Associates sued FDA in 2009 on behalf of the Alliance for Natural Health U.S., the Coalition to End FDA and FTC Censorship and supplement businesspersons Durk Pearson and Sandy Shaw, alleging FDA's approval of narrowly qualified health claims denied consumers accurate information (1"The Tan Sheet" Aug. 3, 2009, In Brief). In a May 27 2decision, the U.S. District Court for the District of Columbia calls FDA's position on QHCs "troubling" and says the agency "is obligated to at least consider the possibility of approving plaintiffs' proposed language with the addition of 'short, succinct, and accurate disclaimers.'

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FDA's rejection of certain qualified health claims linking selenium to cancer prevention violates a federal court ruling that mandates a First Amendment standard for reviewing QHCs, Jonathan Emord asserts. The Clifton, Va.-based attorney filed a 1complaint July 30 in the U.S. District Court for the District of Columbia on behalf of the Alliance for Natural Health U.S., the Coalition to End FDA and FTC Censorship, which Emord founded, and supplement businesspersons Durk Pearson and Sandy Shaw. FDA recently approved a number of narrowly qualified, essentially unusable QHCs for selenium in response to an Emord citizen petition (2"The Tan Sheet" June 29, 2009). "FDA has denied consumers accurate representations of nutrition science," the complaint states

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