Supplement Co. Can't Sue FDA Officer Over Product Seizure

Law360, New York (January 15, 2013, 5:07 PM EST) -- The Sixth Circuit on Tuesday blocked “hardcore supplements” distributor LG Sciences LLC from suing a U.S. Food and Drug Administration compliance officer for allegedly lying to seize muscle-enhancing products worth $1.3 million, saying the company forfeited its case by signing a consent decree.

The three-judge panel rejected a so-called Bivens claim alleging Fourth Amendment violations in connection with the FDA’s confiscation of 26,000 bottles of dietary supplements after determining the matter was resolved in 2009 when Las Vegas-based LG, without admitting wrongdoing, inked an agreement to...
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