Alliance for Natural Health US v. Sebelius

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiffs Alliance for Natural Health US, Durk Pearson, Sandy Shaw, and Coalition to End FDA and FTC Censorship have sued the Food and Drug Administration (“FDA” or “Agency”) and other defendants, 1 seeking review of the Agency’s decision to deny plaintiffs’ petition for authorization of qualified health claims regarding selenium-containing dietary supplements. Invoking both circuit and district court opinions that have addressed similar claims, plaintiffs seek a declaratory judgment that the FDA’s final order denying plaintiffs’ petition…