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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.

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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.”

Uncertainty Abounds With SEC Climate Reporting Rule Tied Up In Courts

 
• By Lauren Nardella

Despite questions surrounding the SEC rule, including disputes being litigated in the US Eighth Circuit, companies must prepare to meet the new climate disclosure requirements in addition to related mandates in California and abroad. Experts emphasize opportunities beyond compliance.

Dietary Supplements Category Ranks Second For Food Fraud In EU

 
• By Tom Gallen

Report from European Commission's Alert and Cooperation Network finds EU consumers are being deceived by companies marketing supplements making unauthorized health claims and containing unapproved ingredients. 

Deference No More: More Challenges Against US FDA After Supreme Court Tosses Chevron Doctrine?

 
• By Sue Sutter

The Supreme Court’s 6-3 ruling is expected to have a minimal impact on drug approvals and other scientific determinations, but matters steeped in the interpretation of regulation and statute, such as marketing exclusivity, could face a heightened risk of challenge, legal experts say.

More from Policy & Regulation

Some New Tools, More Old For Supplement Sector Enforcement During Trump’s Second Term

 
• By Malcolm Spicer

Tariffs on imports from China and look at eliminating self-affirmed GRAS pathway introduced under Trump while DoJ Consumer Protection Branch also continues supplement sector priorities enduring across administrations.

Availability Of Counterfeit Supplements Ringing Up Impact On Brand Sales And Consumer Safety

 
• By Malcolm Spicer

Sales of Bioventra’s probiotic put inventory at “a critical low” as “parallel rise in unverified listings on third-party marketplaces prompted concern among” customers. DoJ and food and drug industry attorney say counterfeiting remains a problem in supplement sector.

US FDA Reorganization Set Stage To Improve Food Programs, But Slim Budget Grabs Spotlight

 
• By Malcolm Spicer

“It's kind of a free for all,” says longtime FDA funding advocate Steven Grossman. FDA knew funding it requested “was totally inadequate to the needs. So, Food Chemical Safety is stuck there with about six or eight other purposes the money could have been used for.