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FDA Antioxidants/Cancer Risk Reduction Claim Ban Found Unconstitutional

This article was originally published in The Tan Sheet

Executive Summary

FDA's rejection of an antioxidants/cancer risk reduction health claim fails to satisfy the conditions that permit a ban of the claim because evidence exists supporting the relationship, according to a Dec. 26 Washington, D.C. federal court opinion

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Antioxidant disclaimers

"FDA has determined that although some scientific evidence suggests that consumption of antioxidant vitamins may reduce the risk of certain forms of cancer, this evidence is limited and not conclusive," reads one acceptable disclaimer crafted to accompany antioxidant health claim, agency tells Durk Pearson et al. in April 6 letter. Washington, D.C. federal court Judge Gladys Kessler directed FDA to permit the claim "consumption of antioxidant vitamins may reduce the risk of certain kinds of cancer" in a Dec. 26 opinion (1"The Tan Sheet" Jan. 6, 2003, p. 15). FDA has developed two other similar disclaimers that companies may use when opting to run the new health claim...

Antioxidant disclaimers

"FDA has determined that although some scientific evidence suggests that consumption of antioxidant vitamins may reduce the risk of certain forms of cancer, this evidence is limited and not conclusive," reads one acceptable disclaimer crafted to accompany antioxidant health claim, agency tells Durk Pearson et al. in April 6 letter. Washington, D.C. federal court Judge Gladys Kessler directed FDA to permit the claim "consumption of antioxidant vitamins may reduce the risk of certain kinds of cancer" in a Dec. 26 opinion (1"The Tan Sheet" Jan. 6, 2003, p. 15). FDA has developed two other similar disclaimers that companies may use when opting to run the new health claim...

Antioxidant disclaimers

"FDA has determined that although some scientific evidence suggests that consumption of antioxidant vitamins may reduce the risk of certain forms of cancer, this evidence is limited and not conclusive," reads one acceptable disclaimer crafted to accompany antioxidant health claim, agency tells Durk Pearson et al. in April 6 letter. Washington, D.C. federal court Judge Gladys Kessler directed FDA to permit the claim "consumption of antioxidant vitamins may reduce the risk of certain kinds of cancer" in a Dec. 26 opinion (1"The Tan Sheet" Jan. 6, 2003, p. 15). FDA has developed two other similar disclaimers that companies may use when opting to run the new health claim...

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