Keeping The FDA Honest: Interpreting Label Claims
In a thoughtful opinion for a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Farinella, ___ F. 3d ___, Nos. 08-1839, 08-1860 (March 12, 2009), Judge Richard Posner rejected the U.S. Food and Drug Administration’s (FDA’s) analogous logic as inadequate to establish that labeling is “misleading” and hence in violation of the “misbranding” provisions of the...
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