Whitaker, Julian v. Thompson, Tommy

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

When substances aimed at the treatment or prevention of disease are marketed, their regulation by the Food and Drug Administration (“FDA”) commonly turns on the nature of the claims made about the substance. Items to be sold with “drug claims,” including foods and dietary supplements, are subject to extensive testing; foods or dietary supplements that merely make “health claims” pass muster far more easily. This case turns primarily on whether the FDA faithfully applied the Federal Food,…