A Utah-based dietary supplement maker may pursue constitutional claims against Texas Attorney General Ken Paxton in his official capacity, according to a ruling from the U.S. Court of Appeals for the Fifth Circuit.

A three-judge panel of the Fifth Circuit reversed a trial court in part. In 2011, the AG sent letters to both the supplement maker, NiGen Biotech, and some retailers that sold the Utah-based company’s products. The AG’s letters stated that the state top lawyer’s office would start enforcement actions as a result of the dietary supplementary makers’ allegedly misleading packaging.