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Expand Federal Pre-emption In Supplement Claims Complaints? Not So Fast, Says Ninth Circuit

 
• By Eileen Francis

The ruling reverses district court’s dismissal of class action against CVS after determining the lower court erred in determining federal law pre-empted the consumer plaintiff’s state-law causes of action. It says while consumers are prohibited under California law from arguing that a product doesn’t provide a benefit that isn’t claimed, plaintiffs can demand substantiation for claims that are made.

An “unprecedented” expansion of federal regulatory pre-emption to bar “nearly all” complaints alleging violations of state laws by dietary supplement firms was suggested by a federal court’s dismissal of a class action complaint against CVS Health Corp., according to an appellate court judge.

In a US Court of Appeals for the Ninth Circuit ruling, Judge Erick Melgren reversed a district court’s dismissal of...

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NAD Asks FTC To Pull Bandage Off Firm’s Plan To Exhaust Inventory Using ‘2X Faster Healing’ Claim

 
• By Malcolm Spicer

After National Advertising Division attorneys, in a review prompted by a challenge by Band-Aid line marketer Kenvue, recommended ASO LLV cease use of its “up to 2x faster healing” claim, they determined the firm had not fully complied.

Supreme Court 1935 Ruling Limiting Executive Authority On Appointments ‘Unravels’ Today – DoJ

 
• By Malcolm Spicer

In complaint and response to motion to dismiss, Rebecca Kelly Slaughter’s and Alvaro Bedoya’s attorneys elaborate on Supreme Court ‘s 1935 decision, Humphrey’s Executor v. US. Administration attorneys, though, contend the ruling isn’t relevant to the current FTC.

Loper Bright Could Trip FDA On Self-Affirmed GRAS

 
• By Malcolm Spicer

Instead of arguing FDA’s not authorized to offer option under authority from 1958 Food Additives Amendments, potential litigation could contend the law requires agency to continue making self-GRAS without notification available.

EU Probiotics Deadlock: Ombudsman Finds ‘No Maladministration’ By The Commission

 
• By David Ridley

In response to an IPA Europe complaint, European Ombudsman Emily O’Reilly finds that the Commission’s interpretation of EU food legislation in relation to probiotics is “reasonable and in line with the main goal of this legislation, which is to ensure a high level of consumer protection.”

More from Policy & Regulation

US FDA Clarifies Success For An NDI Notification Fits Only The Notifier’s Ingredient

Along with two instructional videos, FDA provides fact sheet detailing common problems with NDINs while supplement industry awaits guidance on two hurdles for clearing the NDIN process, providing identity information and evidence of safety for ingredients.

Price To Resolve US Hemp Dilemma Too High In House Appropriators’ FY 2026 FDA Spending Bill

 
• By Malcolm Spicer

Provisions in bill approved by Agriculture, Rural Development, FDA and Related Agencies Subcommittee aren’t likely to pass largely because they set a price too high for delta-8 THC and other ingredients to meet the definition of hemp as a de-scheduled substance.

AESGP Annual Meeting: Harmonizing EU VMS Max Levels Could Cost Sector Over €200m

 
• By David Ridley

Limited capacity and a two-to-three year timescale for reformulation could mean that many VMS supplements disappear from the market, warns EPPA partner Alexandra Bocquillion, speaking at the AESGP Annual Meeting in Warsaw, Poland.