Update-FDA Guidance to be challenged in Court

[Guest guest]

Hi Health Activists,

Now that the cooment period on the FDA guidance on Dietary Supplements has passed, what is next?

FDA is attempting to create its own laws on dietary supplements in violation of current law, the Dietary Supplement Health Education Act (DSHEA). FDA never liked the DSHEA law and challenged it in Federal Court, particularly as it pertained to the right of a supplement manufacturer to make "structure and function" claims if the medical/scientific literature supported that claim.

In the case of Pearson v. Shalala, 1999 DSHEA was upheld by the Washington DC, Circuit Court of Appeals addressing the attempt to restict claims cited a Supreme court decision saying "The first Amendment directs us to be especially skeptical of regulations [especially indisputable non-misleading statements] that seek to keep people in the dark for what the government perceives to be their own good".

FDA never appealed that decision, so it is settled law. By proposing its Guidance giving its interpretation of DSHEA, FDA is attempting to get around the law and a new court case on the "guidance" will be filed see below. Unfortunately FDA does not have to listen to the comments submitted objecting to the guidance.

http://www.anh-usa.org/fda-violates-federal-law/