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Biotin And ‘Healthy Hair’: Federal Pre-emption Clips False Advertising Complaint In California

Indian Ayurvedic Maker Targeted In NY Litigation Alleging Toxic Lead Levels

Executive Summary

US Ninth Circuit affirms a district court’s summary judgment in favor of Target and manufacturer of Up & Up brand biotin supplement it sells. Indian manufacturer targeted in putative class-action in New York prompted FDA’s 2016 creation of import alert category for Ayurvedic supplements.

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Expand Federal Pre-emption In Supplement Claims Complaints? Not So Fast, Says Ninth Circuit

The ruling reverses district court’s dismissal of class action against CVS after determining the lower court erred in determining federal law pre-empted the consumer plaintiff’s state-law causes of action. It says while consumers are prohibited under California law from arguing that a product doesn’t provide a benefit that isn’t claimed, plaintiffs can demand substantiation for claims that are made.

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