Chevron Deference Muted, Higher Volume Ahead For US Supplement Market Regulatory Questions

Attorneys discuss potential impacts on consumer health products industry from Supreme Court’s “Loper Bright” decision in June on litigation brought by two fisheries, Loper Bright v. Raimondo and Relentless v. Department of Commerce.

The US dietary supplement industry’s success could make Food and Drug Administration regulations for its products vulnerable to challenge with the Supreme Court striking the Chevron doctrine of deference, particularly a rule considered the chief impediment to further growth.

“This is an industry that has been, that has been really concerned about FDA, about this drug preclusion provision, about...

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