Pearson v. Shalala

MEMORANDUM OPINION

KESSLER, District Judge.

This matter is before the Court on Defendants’ Motion to Dismiss [# 12], and Plaintiffs’ Motion for Summary Judgment [# 28]. Plaintiffs, Durk Pearson and Sandy Shaw, the American Preventive Medical Association, Citizens for Health, and the National Health Federation, challenge the constitutional validity of several U.S. Food and Drug Administration (“FDA”) regulations that require sellers of dietary supplements to obtain FDA authorization before labeling such supplements with “health claims”. 1 Plaintiffs are manufacturers, distributors and…