Dietary Supplemental Coalition, Inc. The Health Haus, Inc. v. Louis W. Sullivan, M.D. David A. Kessler, Commissioner of Food and Drug Administration

BEEZER, Circuit Judge:

We consider whether the Food and Drug Administration’s classification of dietary supplement Co-enzyme Q10 (“CoQlO”) is an issue ripe for judicial review. The district court dismissed plaintiff’s action for declaratory judgment on the grounds that 1) the issue raised was not purely legal; 2) the challenged action was not final; and 3) the plaintiffs had not exhausted their administrative remedies, 796 F.Supp. 441. Plaintiffs timely appeal. We affirm.

I

Plaintiffs-appellants are a coalition of dietary supplement manufacturers, known as the Dietary Supplement Coalition, and…