HBW Insight is part of Pharma Intelligence UK Limited

This site is operated by Pharma Intelligence UK Limited, a company registered in England and Wales with company number 13787459 whose registered office is 5 Howick Place, London SW1P 1WG. The Pharma Intelligence group is owned by Caerus Topco S.à r.l. and all copyright resides with the group.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By

UsernamePublicRestriction

Ruling to FDA in Nutraceutical case

This article was originally published in The Tan Sheet

Executive Summary

U.S. District Judge for the district of Utah, Paul G. Cassell finds FDA's rulemaking banning ephedra dietary supplements was "procedurally and substantially proper" on March 16. However, Jonathan W. Emord of Emord & Associates says in an e-mail "one critical point" in the decision "cuts against the FDA": Cassell found FDA "explicitly limited its rulemaking and the reach of its final rule" to ephedra supplements. Thus, even if this decision stands it ensures the Final Rule "is not precedent for the creation of a supplement-wide risk-benefit adulteration standard," Emord says. Nutraceutical had sought summary judgment that the agency acted in an arbitrary and capricious manner and violated administrative procedure law in issuing the 2004 ban of ephedrine-alkaloid dietary supplements (1"The Tan Sheet" Feb. 19, 2007, p. 13). Emord says the law firm will file a notice of appeal to the Tenth Circuit on March 19...

You may also be interested in...



New Supplement Rule Was Not Previewed in Ephedra Proposal – Nutraceutical

FDA's 1997 proposed rule on ephedra did not foreshadow the agency applying a new adulteration standard to all dietary supplements; this renders the 2004 ban a violation of the Administrative Procedures Act, Nutraceutical Corp. argues in the latest filing in its suit against the agency

US Q1 Consumer Health Earnings Preview: Label This One Historic And Challenging But Promising

US OTC drug and supplement firms’ reports of results for the first three months of 2024 began on April 19 with P&G. JP Morgan analysts say while “some retailers in the US in particular” are reducing consumer health inventories, for the overall sector they expect “a healthier balance of positive volume and lower pricing contribution.”

Keeping Track: Cancer Approvals From Lumisight Imaging To Adjuvant Alecensa

The US FDA’s approval of Lumicell’s optical imaging agent Lumisight makes a dozen novel approvals in 2024 for the Center for Drug Evaluation and Research.

Topics

Latest Headlines
See All
UsernamePublicRestriction

Register

RS137995

Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts

Cancel