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

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.