Ninth Circuit Rejects on Preemption Grounds Allegation that Biotin Structure/Function Claim Was Deceptive
January 28, 2021 at 11:48 AM EST
A federal appeals court has affirmed a lower court’s ruling that a structure/function claim made for a dietary supplement was not deceptive, holding that in effect the plaintiff challenging the claim sought to impose a new labeling requirement that was expressly preempted under the Federal Food, Drug, and Cosmetic Act (FD&C Act) (Greenberg v. Target Corp., 985 F.3d 650 (9t... Read More
