The First Circuit is the latest federal appeals court to weigh in on appropriateness of labeling claims that emphasize the health benefits of nutrients contained in dietary supplements, according to an article by Shook Partner Jennifer Hill.
Hill discussed the First Circuit's ruling in Ferrari v. Vitamin Shoppe for the Food and Drug Law Institute (FDLI) in her article titled "Ferrari v. Vitamin Shoppe: A Favorable Ruling for a Manufacturer Facing a Challenge to Its Dietary Supplement Structure/Function Claims."
In the piece, Hill discusses the U.S. Food and Drug Administration’s history of regulating dietary supplement labeling, dives into the First Circuit's ruling, and provides takeaways for dietary supplement makers. One such takeaway, she says, is that Ferrari shows manufacturers can face aggressive legal attacks from consumers, yet still prevail.
"As new products emerge, so too will new theories for challenges under state law," she said. "Courts will continue to be called on to define the parameters of acceptable structure/function claims and the corresponding substantiation required by federal law. Ferrari adds to that body of law and illustrates the need for manufacturers to be vigilant of the legal requirements for making a structure/function claim."