Biotin And ‘Healthy Hair’: Federal Pre-emption Clips False Advertising Complaint In California
Indian Ayurvedic Maker Targeted In NY Litigation Alleging Toxic Lead Levels
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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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.
HiTech Pharmaceuticals will appeal ruling dismissing its complaint against FDA's seizure of its DMAA supplements; and Butala Emporium's Baidyanath brand products and McShare's Premark HS Vitamin RDA Premix are among recent recalls in the dietary supplement sector.
FDA creates an alert identifying only products made by Shree Baidyanath Ayurved Bhawan Pvt. at three manufacturing sites. The agency in January also updates around 75 alerts to seize imports of kratom-containing supplements.