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Pre-emption Stifles One A Day Class Action, But Not In Play In Phillips' Colon Health-FTC Tilt

This article was originally published in The Tan Sheet

Executive Summary

A federal judge in California says FDA supplement labeling regs pre-empt challenges to structure/function claims in a class action suit against One-A-Day claims, but litigation in New Jersey against Phillips’ Colon Health claims is by the Federal Trade Commission, eliminating pre-emption from Bayer’s defense options.

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