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NUTRITIONAL HEALTH ALLIANCE v. SHALALA

No. 95 Civ. 4950 (RO).

953 F.Supp. 526 (1997)

NUTRITIONAL HEALTH ALLIANCE and Soo Man Shim d/b/a New Nutrisserie, Plaintiffs, v. Donna SHALALA, in her official capacity as Secretary, U.S. Dept. of Health and Human Services, and David A. Kessler, Commissioner, Food and Drug Administration, Defendants.

United States District Court, S.D. New York.

January 31, 1997.

Attorney(s) appearing for the Case

Bass & Ullman (Milton A. Bass, Steven Shapiro, of counsel), New York City, for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York (Kay K. Gardiner, of counsel), New York City, for Defendants.

OPINION AND ORDER

OWEN, District Judge.

Americans spend approximately $3.5 billion a year on vitamins and other dietary supplements, with more than 120 million people taking them regularly. Under the current federal regulatory scheme, retailers and manufacturers are prohibited from making any "health claim"1 or "disease claim" on the labels of these vitamins unless there is a Food and Drug Administration ("FDA") determination...

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