Courts Can Defer To FDA On Diet Products: 11th Circ.

Law360, New York (October 8, 2008, 12:00 AM EDT) -- Federal courts hearing challenges to the U.S. Food and Drug Administration's decision to seize dietary supplements containing ephedrine alkaloids do not need to conduct an independent investigation into whether the supplements are dangerous, the U.S. Court of Appeals for the Eleventh Circuit said on Tuesday.

As the first federal appeals court to tackle the question, the Eleventh Circuit said that courts can defer to the FDA's 2004 rule banning the sale of all dietary supplements containing ephedrine alkaloids because they are “adulterated,” meaning they present a...
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