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ALLIANCE FOR NATURAL HEALTH U.S. v. SEBELIUS

Civil Action No. 09-1546(BAH).

786 F.Supp.2d 1 (2011)

ALLIANCE FOR NATURAL HEALTH US, et al., Plaintiffs, v. Kathleen SEBELIUS, et al., Defendants.

United States District Court, District of Columbia.

April 13, 2011.

Attorney(s) appearing for the Case

Jonathan W. Emord, Emord & Associates P.C., Clifton, VA, for Plaintiffs.

Carol L. Wallack, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

Dietary supplement designers and industry groups brought this lawsuit challenging a decision of the Food and Drug Administration ("FDA") to deny a petition for authorization of certain qualified health claims regarding dietary supplements containing vitamin C and vitamin E. The plaintiffs assert the FDA's decision has violated their First Amendment rights. Invoking both circuit and district court...

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