Wellife Products v. Shalala

Petitioners, a marketer of dietary supplements and a not-for-profit consumer research and education organization, challenge a Food and Drug Administration (“FDA”) regulation that limits the ability of vendors to publish health claims on the labels of vitamins, minerals, herbs, and other such dietary supplements. Petitioners claim that the regulation unduly burdens commercial speech in violation of the First Amendment of the Constitution. We find that we lack subject matter jurisdiction over the petition for review and, accordingly, have no authority to rule on its merits.

I. StatutoRY…