NLEA violates First Amendment by failing to impose final deadline for health claims -- judge.
This article was originally published in The Tan Sheet
Executive Summary
FDA FINAL RULE DEADLINE FOR DIETARY SUPPLEMENT HEALTH CLAIMS to be set by the HHS secretary and FDA, Manhattan federal court Judge Robert Owen ruled. In his Jan. 31 decision, the judge found for plaintiffs Nutritional Health Alliance and Soo Man Shim (doing business as New Nutrisserie), who charged that the Nutrition Labeling & Education Act violates the First Amendment right of free speech by failing to impose a deadline for FDA to make a final decision on proposed health claims for dietary supplements.