NATIONAL COUNCIL FOR IMPROVED HEALTH, Stanley Malstrom, Clive J. Buchanan, Plaintiffs-Appellants,
v.
DONNA SHALALA, Secretary of the U.S. Department of Health and Human Services; David Kessler, Commissioner, U.S. Food & Drug Administration, Defendants-Appellees.
American Cancer Society, American Heart Association, Center For Science In The Public Interest, Public Citizen, And Consumer Federation Of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 11, 1997.
August 11, 1997.
Attorney(s) appearing for the Case
Kirkpatrick W. Dilling, Dilling and Dilling, Chicago, IL, (Michael J. Lennard, Karen A. Weaver, Dilling and Dilling, Chicago, IL; M. Richard Walker and Ralph R. Tate, Jr., Salt Lake City, UT, with him on the briefs) for Plaintiffs-Appellants.
Susan Strawn, Attorney, Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, DC, (Drake Cutini, Attorney, Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, DC; Douglas Letter, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Washington, DC; Margaret Porter, Chief Counsel, Philip S. Defler, Louisa T. Nickerson, Associate Chief Counsels, Food and Drug Administration, Rockville, MD, Of Counsel, with her on the brief) for Appellees.
(Allison M. Zieve, Public Citizen Litigation Group, Washington, DC, [Bruce Silverglade, Center for Science in the Public Interest, Washington, DC, with her on the brief] for Amici Curiae.)
Before BALDOCK, HOLLOWAY, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
Plaintiffs, National Council for Improved Health ("NCIH"), Stanley Malstrom, and Clive J. Buchanan, bring a facial challenge to the constitutionality of 21 C.F.R. § 101.14, which requires sellers of dietary supplements to obtain Food and Drug Administration ("FDA") authorization before labeling supplements with "health claims."1 The district court dismissed plaintiffs' complaint, ruling that the health claims...
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