9th. Circ. Won't Revive Suit Over Target Dietary Supplement

Law360 (January 13, 2021, 9:38 PM EST) -- The Ninth Circuit on Wednesday upheld the dismissal of a proposed class action challenging healthy hair and skin claims on Target brand biotin supplements, saying that the allegations are barred by federal law.

The panel in a published opinion said that the Federal Food Drug and Cosmetic Act preempts Todd Greenberg's claims that the labels on the Target Corp. supplements are deceptive because most people don't benefit from extra biotin. The panel said that Greenberg's California state law claims are blocked by the federal law because dietary supplement labels require substantiation for the ingredient's function on the human body, not the...

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