National Council for Improved Health v. Shalala

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 regulations did not violate the First Amendment. Although the district court reached the merits of plaintiffs’ claims, we conclude that plaintiffs do not have…