FDA Defends Ephedra Ban Procedures In Nutraceutical Case Filing
This article was originally published in The Tan Sheet
Executive Summary
FDA followed required rulemaking procedures in issuing a final rule that banned ephedra dietary supplements, the agency argues in a response brief filed in its ongoing legal battle with Nutraceutical Corp
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Nutraceutical/Supreme Court update
Solicitor General Paul D. Clement has asked the clerk of the Supreme Court to give his office an extension until March 7 to file the government's response to Nutraceutical Corp.'s petition for writ of certiorari, Nutraceutical attorney Jonathan Emord tells "The Tan Sheet" in a Feb. 1 e-mail. "This is significant. Of approximately 10,000 cert petitions filed within the Court, the Solicitor General's office responds to but a fraction of these," Emord writes. The Department of Justice "uses criteria for assessing cert worthiness and files responses only to those petitions that they think may be granted by the Court," he explains. Nutraceutical filed its petition for writ of certiorari Jan. 3 (1"The Tan Sheet" Jan. 8, 2007, p. 8). Separately, Nutraceutical filed a pleading Feb. 9 in the U.S. District Court for the District of Utah. The pleading rebuts FDA's Jan. 18 response to Nutraceutical's renewal of its case against the agency (2"The Tan Sheet" Jan. 29, 2007, p. 9)...