DSHEA structure/function provisions do not pre-empt state law -- Texas health official.
This article was originally published in The Tan Sheet
Executive Summary
DSHEA STRUCTURE/FUNCTION PROVISIONS DO NOT OVERRULE STATE LAWS, Texas Health Department Manufactured Foods Division Director Dan Sowards clarified at a Sept. 20 session of the Council for Responsible Nutrition's 1995 annual meeting in Lake Tahoe, Calif. Sowards explained that the "Dietary Supplement Health & Education Act amendments to the [Nutrition Labeling & Education Act] with respect to structure/function claims are not pre-emptive. Consequently, under state laws a claim for a product which affects `a function of the human body' may still be considered a drug claim."