The Vitamin Shoppe, a vitamin and supplement general store, located in San Francisco bay area. Credit: Sundry Photography/Adobe Stock First Circuit Sides With Vitamin Shoppe: Plaintiffs' State Law Claims Against Glutamine Supplement Preempted by Federal Law
"In sum, because the contested statements about glutamine on Vitamin Shoppe's labels describe glutamine's effect on the human body's structure or function or explain how glutamine maintains that structure or function, they are structure/function claims under § 343(r)(6)(A)," First Circuit Judge Silvia Carreño-Coll wrote.
June 14, 2023 at 02:07 PM
7 minute read
Food and Drug Act
The U.S. Court of Appeals for the First Circuit recently upheld a district court's order granting summary judgment to the Vitamin Shoppe, ruling that the plaintiffs' state law claims in regard to three dietary supplements with glutamine were preempted because the labels complied with federal law.
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